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HomeMy WebLinkAboutCC RESO 9378• RESOLUTION NO. 9378 RESOLUTION ESTABLISHING POLICIES FOR THE SELECTION AND DESIGNATION OF TOW CAR SERVICES AS REJESTED BY THE POLICE DEPARTMENT The City Council of the City of National City does hereby resolve as follows: WHEREAS, the Police Department finds it necessary from time to time to remove vehicles from the streets and highways because they are illegally parked, apparently abandoned, involved in accidents, or obstructing traffic because of mechanical failure, 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 De- partment 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 and policies be, and they are hereby established: 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. Policies: A. Eligibility. Any firm shall become eligible to participate in the assignment of service calls by the Police Department if it has been in operation within the City of National City for a period of at least six (6) months prior to the date determined for selection of the companies to perform said services and if it conforms to the rules and requirements established herein. Any devia- tion from the requirements of the policies established herein or as passed by ordinance governing such towing op- erations, or failure to provide reasonable, quick and ef- ficient service may result in the termination of the con- tract with such company by the City Council upon recommenda- tion of the Chief of Police. B. Selection and Designation of Towing Services. Upon the recommendation of the Police Department 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 throughout the City of National City. Said recommendation is based upon review of the existing towing services and a finding that two (2) towing services are sufficient to pro- vide a high level of service to the public at the present time; said limitation to two (2) services contributes to ef- ficient 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. Contracts for police -requested towing shall be awarded to the two (2) bidders providing the highest and best qualifications for a two-year period based upon the recommendation of the Chief Administrative Officer after thorough analysis of all fac- tors submitted in the bid forms as hereinafter delineated. C. Agreements. Successful bidders shall enter into an agreement with the City, which agreements shall con- tain eligibility requirements, operating regulations and fee schedules. The City and the towing contractors may re- view and revise the fee schedule by mutual agreement at any time upon finding that the existing rates are inequitable. The fee schedule shall be available to interested citizens upon request. D. Negotiated Agreement. In the event that sub- stantially 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 Administrative Officer and approved by the City Council. E. In the event that a contract 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 regu- lating police towing services, the Chief Administrative Of- ficer shall negotiate an agreement with another towing company as prescribed in Subsection D related to negotiated agreements. Contracts shall not be assigned without the con- sent of the City. F. Eligibility. Any firm shall become eligible to participate in the assignment of service calls by the Police Department if it conforms to the rules and require- ments. Any deviation from the requirements or failure to provide reasonably quick and proficient service may result in suspension or removal from the eligibility list by the Chief of Police. 1. MINIMUM EQUIPMENT STANDARDS. a. Truck Chassis: At least two 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 re- gardless of whether or not said company is under contract with the City or whether it is their period of time to receive police requests. b. Company Name; Company name, address and phone number on both sides of tow car. c. Lights: Trucks 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 safe- ty dogs or equivalent branking devices. e. Booms: Adjustable twin booms with at least 4-ton capacity. f. Cables: At least one truck to be equipped with 300 feet of not less than 3/8 inch cable, free from partial breaks or knots. g. Additional Equipment: Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dustpan, fire exting- uisher (dry chemical type), 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 avail- able at all times. h. Attendants: Attendants and operators must display a reasonable knowledge of their work. 2. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. a. Business and Storage: The business and storage lot must be a reasonable distance from public transporation and the storage lot must be in close proximity to the place of business. Must have adequate storage space (at least 50' x 100' or equivalent area) to accomodate thirty cars, either under cover or well fenced. Stored vehicles and contents must be kept safe from pilfering. b. Hours: There shall be an attendant on call, capable of responding to police requests for towing as well as be present or available for the release of vehicles to the public, 24 hours a day, 7 days a week. c. Insurance: Adequate public liability and property damage, fire and theft. d. Records: Each garage shall keep a record of the vehicle and 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. 3. BUSINESS LICENSE, BUILDING CODE AND ZONING REQUIREMENTS. AND REGULATIONS. a. Each firm must have a valid City busi- ness license to operate a towing busi- ness andstorage lot. b. Storage lot buildings, fencing, drive- ways, etc., must conform with building code requirements. c. Business and storage lot must conform to zoning regulations and have approval of the Planning Department. G. Bid Contents and Analysis. 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 contain the following factors to be completed by the bidder and shall constitute the basis for recommendation by the Chief Admin- istrative Officer: 1. BUSINESS OPERATION. a. Name of Firm: Indicate whether cor- poration or partnership, list all parties having a financial interest in said towing firm, including names and addresses, number of years busi- ness has been established in the City of National City, and number of years that those persons holding financial interest in said firm have been residents in the City of National City. b. Financial Statement: List in general terms the total amount of investment in firm properties, including equipment as well as lots and buildings. Also in- clude description of expansion of busi- ness operations since the business was originally established. c. Experience: List number of years and locations of participation in similar police towing services, together with any commendations or complaints re- ceived from governmental agencies in conduct of said business. d. Stability: State business activities of firm aside from participation in police towing activities. e. Attendants and Drivers: List names and addresses of all attendants and drivers who will conduct the police towing service, as well as number of years employed, training received by said attendants and drivers, and ex- perience of said personnel in the con- duct of said business. f. Equipment: Describe available equip- ment to be used in police towing ser- vices, particularly in terms of compara- tive qualities or capacities as related to minimum eligibility requirements. g• Communications: Describe the method of operation of the communications sys- tem between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dis- patch of trucks upon receipt of call from the police department. h. 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 op- erations. 2. BUSINESS LOCATION AND STORAGE LOT. a. Primary Business Location: List loca- tion of primary business operation, in- cluding dimensions and type of facilities available. b. Storage Lot: List location of storage lot(s), dimensions thereof, relation- ship to primary business operation, type of protection afforded, and screen- ing and maintenance provided at said lot(s). H. DISPATCHING REQUIREMENTS. 1. All requests for towing service and the removal of traffic hazards shall be made through the Police Department. 2. When it is evident that there will be a delay in responding to a request for towing service, the tow car company concerned shall advise the Police Department of this delay. 3. 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. Towing units shall not be dispatched from any residential areas. I. OTHER RULES OF OPERATION. 1. Removing Hazards: After being dispatched by the Police Department to the scene, the tow truck operator shall cooperate with the police officers in removing hazards and illegally parked vehicles from the streets, and in the impounding of such vehicles as requested. It is the duty of the police officers to determine when such a vehicle should be impounded or moved and the tow truck operator shall abide by their decisions. 2. Tow Car Markings: Each tow car company 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 dis- patched to the scene of need. 3. Disputes: Whenever there arises a dispute over a claim or bill of any nature and same cannot be satis- factorily adjusted by the parties involved, the Chief of Police, or his designated agent, shall have full power to settle any and all claims or disagreements. 4. Ethics and Conduct: All owners of tow car companies 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. 5. Protection of Vehicles: Vehicles impounded by the police for special investigations, i.e., fingerprints, etc., shall be held in maximum security until cleared by in- vestigating officers. Contents of vehicles with a police "hold" shall not be removed. 6. Responsibility: The owners of tow car com- panies participating in towing assignments by the Police De- partment, shall be responsible for the acts of their employees while on duty. Towing companies shall be responsible for damage to vehicles while in their possession. 7. Supervision Checks: All tow car companies' records, equipment and storage facilities will be subject to periodic checks by the Police Department investigators. 8. Damage Appraisals: All vehicles stored or impounded as a result of a tow ordered by the Police Depart- ment, shall be made available to the owner of the vehicle or his representative, any 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." 9. Access to Vehicles: Vehicles to be appraised shall be accessible to Police Department personnel. An em- ployee of the towing company may be required to assist. J. CHARGES: Eligible Companies shall base their charges according to the rate schedule. This schedule shall be reviewed at least once every two years. SCHEDULE OF CHARGES 1. Accidents: Tow Truck and Operator: 1 mile $10 Next 4 miles 1 Thereafter Night Rate (5:00pm to 8:OOam, Sundays and Holidays) 2 (Mileage to be computed one way only) 2. Straight Pickups: Tow Truck and Operator: 1 mile $ 7.50 Next 4 miles 1.00 per mile Thereafter .50 per mile Night Rate, Sundays and Holidays2.50 additional (Mileage to be computed one way only) 3. Dry Runs $ 4.00 4. Storage $ 1.25 5. Dolly Jobs - $15.00 plus regular tow rates for loading and unloading. 6 Heavy-duty Tow Trucks (5-ton rated or larger) $25.00 per hour or 100% additional of base rate. ATTEST: .00 .00 per mile .50 per mile .50 additional per day 7. 1/2 to 3/4-ton pickups and panels (empty) - same as passenger cars. 1-ton to 2-ton trucks (empty) - 50% additional of base rate. 8. Opening up charges to remove personal effects, examine vehicles after normal business hours, Sundays and Holidays $ 2.00 All (1) above prices are based on tow truck and one operator. On all above operations, 15 minutes are allowed at the scene with no extra charge. Charges for labor above the 15 minute allowance are based on the rate of $2.50 per 1/4 hour, end- ing upon leaving the scene. An extra man, if needed, will be $7.00 per hour. PASSED AND ADOPTED this 23rd day of May, 1967.