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HomeMy WebLinkAboutCC RESO 94-27RESOLUTION NO. 94-27 RESOLUT I ON OF THE CITY COUNC I L OF THE CITY OF NiAT I ONAL CITY ESTABLISHING POLICIES FOR THE SELECTION AND DESIGNATION OF TOW CAR SERVICES AS REQUESTED BY THE POLICE DEPARTIENT, AND RESCINDING RESOLUTION NO. 15,690. THE CITY COUNCIL OF THE CITY OF NATIONAL CITY LOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Police Department finds it necessary from time to time to remove vehicles from, 1) various locations in the City because they are illegally parked, apparently abandoned, involved in accidents, or obstructing traffic because of mechanical failure, and 2) from various locations outside the City in the course of evidence retrieval; by utilizing the services of private towing companies, and WHEREAS, the owners of vehicles required to be removed or towed away because of such situations are charged with the expense of such towing, and because the Police Department frequently initiates the request for such services, it is desirable to establish certain operating procedures and safeguards in order to provide protection to both the public and to the Police Department in carrying out such operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the following purpose, policies, and standards be, and they are hereby established: I. Purpose. It is the intention of the City Council to establish an equitable means of distributing requests for towing services among qualified firms and to insure that such service is prompt and reasonably priced. II. Policies: A. Eligibility. Any firm shall become eligible to participate in the assignment of service calls by the Police Department whose business is located within a ten (10) mile radius of the City and if it conforms to the rules and requirements established herein. Any deviation from the requirements of the policies established herein or as passed by ordinance governing such towing operations, or failure to provide reasonable, quick, and efficient service may result in the termination of the Agreement with such company by the City Council upon recoicuuendation of the Chief of Police. Page 2 B. Selection and Designation of Towing Services. Upon the recommendation of the Chief of Police of the City of National City, it is hereby established that there shall be two (2) towing services selected and designated to provide service at the request of the Police Department. Said reco,auendation is based upon review of the existing towing services and a finding that two (2) towing services are sufficient to provide a high level of service to the public at the present time; said limitation to two (2) services contributes to efficient administration of the program of providing towing services on an emergency basis, and further fragmentation of the limited income derived from such services would tend to reduce the capabilities of the towing services to properly maintain equipment and attendants, and downgrade the level of service provided to the public. Agreements for police - requested towing shall be awarded by the City Council to the two (2) bidders providing the highest and best qualifications for a three-year period based upon the recommendation of the Chief of Police and after thorough analysis of all factors submitted in the Bid Forms as hereinafter delineated. The Chief may extend the Contract two additional years as described in Section X. C. Agreements. Successful bidders shall enter into an Agreement with the City, which Agreement shall contain eligibility requirements, operating regulations and fee schedule. D. Negotiated Agreement. In the event that substantially similar qualifications are submitted in the Bids that are received, or less than two (2) bids are received, agreements shall be negotiated by the Chief of Police, and approved by the City Council. E. In the event that an Agreement is terminated before the end of the term for any of the reasons set forth herein or in the ordinance adopted by the City Council regulating police towing services, the Chief of Police shall negotiate an Agreement with another towing company as prescribed in Subsection D related to negotiated agreements. Contracts shall not be assigned without consent of the City Council. III. Ni.I N IfviUvf EQU I Piv;ENT STANDARDS. To be eligible to be a provider of towing services to the City, the towing contractor must meet the following minimum equipment standards: A. Tow Car: Towing contractor must have at least three rigs of one -ton capacity with rear dual wheels. The Police Officer on the scene shall determine if greater capacity is needed and shall call upon any service capable of providing that capacity regardless of whether or not said company is under contract with the City or whether it is their period of time to receive police requests. Page 3 B. Company Name: Company name, address and phone number shall be placed on both sides of all tow cars. C. Lights: Tow cars must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc. as required by California law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as the owner may desire which are not forbidden by law. D. Winch: to be power -driven by power take -off from transmission equipped with safety dogs or equivalent braking devices. E. Booms: Adjustable twin booms with at lease 4-ton capacity. F. Cables: At least one tow car to be equipped with 300 feet of not less than 3/8 inch cable, free from partial breaks or knots. G. Additional Equipment: Tow cars must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dust pan, fire extinguisher (dry chemical type), a sufficient amount of a recognized industrial absorbant material specifically made for use with fuel and oil spills of less than twenty (20) gallons per vehicle or 100 square feet of area when towing vehicles that have been involved in a collision, a bucket of sand, portable red tail light and stop light for towed vehicles, equipment for opening locked vehicles and safety snubber chain. Each tow company shall have at least one set of dollies readily available at all times. H. Attendants: Attendants and operators must display a reasonable knowledge of their work. In the event a driver or the equipment is inadequate and the other towing contractor is unable to service the request, a charge for service or labor will not be permitted. IV. MINIrvUMM BUSINESS AND STORAGE LOT REQUIREMENTS. To be eligible to be a provider of towing services to the City, the towing contractor must meet the following minimum business and storage lot requirements: A. Business and Storage: The business and storage lot must be a reasonable distance from public transportation, and must have adequate storage space (at least 50' x 100' or equivalent areas) to accommodate thirty cars, either under cover or well fenced. Stored vehicles shall be within a protected area within the storage yard and contents must be Page 4 kept safe from pilfering. Storage yard shall have a minimum six foot high fence and be lighted to the rate of one foot (1') candle power per square foot of storage space. 3. Hours: There shall be an attendant on call, capable of responding to police requests for towing 24 hours a day, 7 days a week, as well as be present or available for the release of vehicles to the public. An additional fee may be charged for releases to vehicle owners after normal business hours (Mvi-F 8:00 AV! to 5:00 WI except holidays). The fee shall be set by the towing contractor and agreed upon by the City. C. Insurance: The towing contractor shall procure and maintain Workers' Compensation Insurance in accordance with the laws of the State of California. The towing contractor shall be insured by an insurance carrier acceptable to the City against loss from fire, theft, public liability, property damage, automobile liability and garage keepers legal liability. Evidence of same shall be received and approved by the City prior to execution of the Agreement for towing services. Minimum limits for general and automobile coverage liability shall be one million dollars ($1,000,000) Combined Single Limit. All insurance policies shall name the City of National City, its officers, agents, employees and volunteers as additional insureds, and shall constitute primary insurance as to the City, it's officers, agents, employees and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. The insurance policies required by this section shall contain a rider providing that in the event of cancellation of the insurance policy for any reason whatsoever, the towing contractor and the City shall be notified by registered mail not less than thirty (30) calendar days prior to such cancellation. 1. City is to be held harmless regarding payment of or litigation arising out of any deductible amounts in relation to the insurance coverage afforded by the contractor. 2. If the required insurance coverage is provided on a "claims made" rather than "occurence" form, the towing contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of the agreement for towing services. Page 5 3. If the towing contractor does not keep insurance policy in full force and effect at all times during the term of the agreement for towing services, the City may elect to treat the failure to maintain the requisite insurance as a breach of the agreement and terminate the agreement as provided in this Resolution. 4. If the Agreement for towing services is extended beyond its original term, insurance provisions may be updated at the option of the City. D. Records: The towing contractor shall keep a record of each towed vehicle and its license number; date and time it was towed and location from which it was towed; name of officer ordering the towing and whether the vehicle was impounded or towed at the owner's request. 1. Notice of Stored Vehicles: The towing contractor shall notify the Police Department in writing within ten (10) days of the impound date in the event the contractor has not received the Notice of Stored Vehicle Report. Failure to have the Notice of Stored Vehicle Report or a written notice concerning failure to receive a report may result in the contractor not being paid by the City for towing, storage and other costs. The towing contractor shall retain its copy of the Notice of Stored Vehicle Report with its invoice, which is held for one (1) year from the date of the original impound. The City shall be responsible for the first ten (10) days of storage only if the notification process is not adhered to. V. CO1PLIANCE WITH STATE LAW AND WITH CITY ORDINANCES AND REGULATIONS. A. B. Each towing contractor must have a valid City Business License to operate a tow business prior to award of the Agreement for towing services. Business and storage lots located within the City limits must conform to all City Ordinances, including Zoning and Building Ordinances, and have approval of the Planning Department. Page 6 C. During the term of the Agreement for Towing Services, the towing contractor shall at all times comply with all provisions of State Law and with all City Ordinances and Regulations. VI. DISPATCHIl'G REQUIREMENTS. A. All requests for towing service and the removal of traffic hazards shall be made through the Police Department. 1. Response time: The towing contractor shall respond to all police initiated calls by arriving at the scene within thirty (30) minutes from the moment the dispatch message is completed. 2. Penalty: If the response time exceeds thirty (30) minutes in more than five percent (5%) of all responses during any calendar month, a twenty-five dollar ($25) penalty for each incident in which the response time exceeds thirty (30) minutes will be assessed. Any conflicts resulting from penalties shall be resolved by the Chief of Police. B. Towing units shall be dispatched from the place of business or a reasonable distance from the place of business, as determined by the Police Department. VII. OTHER RULES OF OPERATION A. Removing hazards: After being dispatched by the Police Department to the scene, the tow truck driver shall cooperate with the police officers in removing vehicles and impounding said vehicles as requested. It is the duty of police officers to determine when such a vehicle should be impounded or moved and the tow truck operator shall abide by their decisions. B. 1. Operators are responsible for cleaning up and carrying away any debris left by towed vehicle, i.e., broken glass, vehicle parts, spilled fuels and oils, etc. Tow Car Markings: The towing contractor shall comply with Section 27907 of the Vehicle Code of the State of California regarding signs on tow cars. Only tow cars bearing the name of the company called shall be dispatched to the scene of need. Page 7 C. Disputes: Whenever there arises a dispute over a claim or a bill of any nature and same cannot be satisfactorily adjusted by parties involved, the Chief of Police or his designated agent shall have full authority to settle any and all claims or disagreements. D. Ethics and Conduct: The towing contractor and its employees shall conduct their business in an orderly, ethical, business -like manner and use every means to obtain and keep the confidence of the motoring public. The towing contractor and its employees shall conduct their business in accordance with all applicable City, State and Federal laws and regulations. E. Protection of Vehicles. Vehicles impounded by the police for special investigations, i.e. evidence in a criminal offense, shall be held in a secure, enclosed area large enough to store two vehicles, until cleared by the investigating officer or his designee. Neither vehicles nor their contents with a police "hold" shall be touched, removed, or disturbed in any manner. F. Responsibility: The towing contractor participating in towing assignments by the Police Department, shall be responsible for the acts of its employees while on duty. The towing contractor shall be responsible for damage to vehicles while in its possession. G. Supervision Checks and Inspections: Records, equipment and storage facilities of the towing contractor will be subject to periodic checks by the Police Department. H. Damage Appraisals: All vehicles stored or impounded as a result of a tow ordered by the Police Department, shall be made available to the owner of the vehicle or his/her representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damage, except vehicles with a police "hold". I. Access to Vehicles: Vehicles to be appraised shall be accessible to Police Department personnel. An employee of the towing contractor may be required to assist. Page 8 Administrative Fee: In cases involving the towing of a vehicle that has been assessed an administrative fee by the Police Department, said vehicle shall not be released until the payment of the fee and authorization by the Police Department for release of vehicle is presented. K. Hold Harmless: The towing contractor shall agree to indemnify, defend, and save harmless the City of National City, its officers, agents, employees and volunteers from any and all liability, loss, claims, damages or injuries to any person, including injury to the towing contractors employees and all expenses of investigating and defending against same arising from or connected with performance of or failure to perform the work or other obligations of the Agreement for Towing Services, or caused or claimed to be caused by the independent acts of the towing contractor, its agents or employees, or the concurrent acts of the towing contractor, City or their officers, agents or employees or volunteers. VIII. CHARGES: The towing contractor shall base its charges according to the rate schedule to be agreed upon by City and the towing contractor. The City and the towing contractor may review and revise the rate schedule during July and January of each year if requested by the contractor, otherwise the schedule shall be reviewed at least once every two (2) years. The rate schedule shall be available to any interested citizen upon request. The towing contractor shall receive no compensation or other form of consideration from the City for providing towing services under this agreement. IX. MODIFICATION OF AGREEMENT: With regard to the equipment standards set forth in Section III.G. herein, the Chief of Police or his designated agent shall have the authority to unilaterally modify the requirements of the agreement for towing services upon 30 days written notice to the towing contractor. X. TERM OF AGREEMENT: The agreement for towing services shall be for a period of three (3) years commencing from the starting date of the agreement. The Chief of Police shall have the authority to extend the contract period for up to two (2) years beyond the initial three (3) year term. ' Page 9 The Chief of Police has the discretion to extend the Agreement taking into consideration the overall performance of the towing contractor during the initial three (3) year contract period. For the term ending April 16, 1994 only, the contract period shall be extended to April 16, 1996. XI. 3ID EVALUATION.: Any firm meeting the minimum eligibility requirements may submit a bid to the City of National City to participate in emergency police towing operations. The bid shall be in a form as prepared by the City of National City, which form shall include the following factors to be completed by the bidder, and shall constitute the basis for recommendation by the Chief of Police. A. BUSINESS OPERATION 1. Name of Firm: Indicate whether corporation or partnership, list all parties having a financial interest in said towing firm, including names and addresses and the number of years business has been established in the area. 2. Financial Statement: List in general terms the amount of investment in firm properties, including equipment as well as lots and buildings. Also include description of expansion of business operations since business was originally established. 3. Experience: List number of years and location of participation in similar police towing services, together with any commendations or complaints received from governmental agencies in conduct of said business. Operator shall provide a list of three business references preferably including one police department. a. Operator shall provide a list of law suits, including small claims, in which the tow company is party to, either settled or pending, filed after 01-01- 67. 4. Stability: State business activities of firm aside from participation in police towing activities. Page 10 5. Attendants and Drivers: List names and CDL numbers of all attendants and drivers who will be conducting the police towing service, as well as the number of years employed, training received by attendants and drivers, and experience of personnel in the conduct of the towing business. 6. Equipment: Describe available equipment to be used in police towing services, particularly in terms of comparative qualities or capacities as related to minimum eligibility requirements. 7. Communications: Describe the method of operation of the communications system between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dispatch of trucks upon receipt of call from the Police Department. 8. Other Facilities and Personnel Available: List all provisions for record keeping, back- up personnel and auxiliary services which might be required to effectively carry out a high level of service to the public in the business of tow truck operations. B. BUSINESS AND STORAGE LOT 1. Primary Business Location: List location of primary business operation, including dimensions and type of facility available. 2. Storage Lot: List locations of storage lot(s); dimensions thereof, relationship to primary business operation, type of protection afforded and screening and maintenance provided at lot(s). Page 11 BE IT FURTHER RESOLVED that Resolution No. 15,890 is hereby rescinded. PASSL) AND ADOPTED this 8th day of Ivlarch, 1994. Geor Waters, Mayor ATTEST: Lori Anne Peoples, ity APPROVED AS TO FORM: George I-r Eiser III, City Attorney