HomeMy WebLinkAboutCC Res 4169 1992-07-27
RESOLUTION NO. 4/09'
A RESOLUTION OF THE CITY OF SEAL BEACH,
CALIFORNIA, ESTABLISHING PROCEDURES FOR
THE AWARD OF A CONTRACT TO POLICE TOW
TRUCK OPERATORS, IMPOSING STANDARD
REQUIREMENTS ON SUCH OPERATORS AND
REPEALING RESOLUTION NUMBER 3882
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS
FOLLOWS
Section 1. Intent and Pumose.
It is the intent of this Resolution to prescribe the basic procedures for the award of a contract,for
the operation of "Official Police Towing Service" in police emergency situations and for the
removal of vehicles which are apparently abandoned, or involved in an accident, or which
constitute an obstruction to traffic for any reason. It is the purpose of the City Council in
enacting this Resolution to provide a fair and impartial means of distributing requests for towing
services among qualified firms to insure that such service is prompt and reasonably priced, and
in the best interests of the public as well as the interest of efficient policing operations for the
removal from public streets of said vehicles.
Section 2. Definitions.
(a) "Official Police Tow Service" means a towing company selected by the City
Council to be used on a rotating basis for any police emergency situation where a
tow truck is required.
(b)
A "tow truck" or "tow car" 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, towbar, towline, or dolly, or is otherwise exclusively used to
render assistance to other vehicles.
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(c) "Attendant" means a trained and/or qualified individual responsible for the
operation of a tow car or tow truck, whether or not the attendant also serves as a
driver.
(d) "Operator" means an individual, company, or corporation who operates a towing
service, and includes any agent or employee thereof.
(e) "License Section" means the Seal Beach City License Section of the Finance
Department.
(f) "Director of Administrative Services" means position appointed by the City
Manager for the administration of financial affairs.
(g) All definitions contained in the Vehicle Code, both currently and as may be added
or changed in the future, shall apply to this Resolution.
Section 3. Selection of Towing Service.
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No person may operate as an "Official Police Tow Service" unless first having been awarded a
contract to provide
such service by the City Council.
Section 4. Applications for Tow Truck Certificate.
Applications for the award of a contract hereunder shall be made upon such forms as may be
prepared or prescribed by the Director of Finance, and shall contain:
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Resolution Number ~/&;~
(a) The name and address of the applicant and the owner of the towing service.
(b) The trade or fictitious name, if any, under which the applicant does and proposes
to do business.
(c) The training and experience of the applicant in the conduct of business.
(d)
A description of available equipment to be used in "Official Police Towing
services", particularly in terms of comparative qualities or capacities as related to
minimum eligibility requirements. The description shall include the color scheme,
insignia, name, monogram or other distinguishing characteristics to be used to
designate applicant's towing vehicles.
(e) The locations and desCriptions of the place or places from which it is intended to
operate, including addresses of storage facilities.
(f) A description of the method of operations of the communications systems
between the place of business and operating tow trucks, as well as the means
utilized for insuring prompt dispatch of trucks upon receipt of a service call from
the Police Department.
(g) Such other information as deemed necessary to make a fair determination of
compliance with this Resolution.
(h) An accompanying application fee as required by the Administrative Services
Director.
(i)
A financial statement prepared by a certified public accountant showing the
financial status of the applicant.
Section 5. Application Review.
Upon receipt of any application for a contract, the City Manager shall, upon determining the
application to be complete, refer the application to the Chief of Police for investigation. In the
course of the investigation, the Chief of Police shall inspect the vehicles and equipment and shall
require the applicant or any person named in the application to be photographed and
fingerprinted. The Chief of Police shall complete his investigation within thirty (30) days unless
prevented from doing so by lack of cooperation of the applicant or other persons named in the
application, and shall report his findings to the City Manager regarding the moral character of
the applicant and other persons named in the application, and the adequacy and safety of the
vehicle(s) with respect to cleanliness, equipment, safety devices, brakes, lights and obsolescence.
Upon receipt of said report, the City Manager shall transmit the application and the report to the
City Council. The applicant and any other person to whom a valid and current contract has been
theretofore issued shall be notified by mail at least five days prior to the consideration of the
application. The City Council shall render its decisions within ninety (90) days after
consideration of the application.
Section 6. Issuance of Contract.
The City Council may examine the applicant and all interested parties, and shall determine if the
public interest, convenience and necessity require the award of the contract to applicant. In
reaching a decision, the City Council shall consider the following factors:
(a) Whether the applicant is qualified on the basis of moral character, experience in
the towing business and financial responsibility.
(b) The probable effect that approval of the application would have on the level and
quality of service to the public.
Resolution Number t/ /109
(c) Whether the facilities, personnel and equipment which the applicant proposes to
use are adequate.
(d) Whether increasing the number of official Police Tow Service operators would:
(I) adversely affect the efficient administration of the program of providing
towing services; or
(2) contribute to the further fragmentation of the limited income derived form I
providing such services so that the capabilities of the towing services to properly maintain
equipment and attendants would be reduced.
Section 7. AlZI'eements.
Successful applicants shall enter into an Agreement with the City, which Agreement shan
incorporate the operating standards, regulations, and other requirements set forth herein. The
Agreement shall incorporate a fee schedule as an exhibit, which fee schedule shan be developed
pursuant to the provisions set forth in Section 9 of this Resolution. The City and the "Official
Police Tow Service" may review and revise the fee schedule by mutual agreement at any time
upon finding the existing rates inequitable. A copy of the fee schedule shan be made available
upon request to interested citizens.
Section 8. License and Maintenance of Records.
(a)
The operator shan not operate, directly or indirectly, any tow units within the
City, for the purposes of fulfilling the requirements of this Agreement, unless in
possession of a current business license to operate its business in the City of Seal
Beach.
The operator shan keep at his principle place of business, complete and accurate
records of aH vehicles, including its accessories, equipment and other personal
property, towed at the request of the Police Department. Such records shaH
include a description of the vehicle, type of service rendered, time and location of
the can, charges, owner's name and address when ascertainable, vehicle license
number, serial number, and Police Department case number.
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(b)
(c) An records required herein shan be available for inspection by the Police
Department without notice at anytime during normal business hours.
(d) All records shall be maintained for a minimum of one (I) year from the time the
vehicle was released.
Section 9. Standard for Establishing a Fee Schedule.
(a) Fees charged for response cans originating from the Police Department shaH be
reasonable and not in excess of those rates charged for similar services requested
by any other public agency or private person. The reasonableness of the fees will
be determined in the foHowing manner:
(I) The operator shaH submit the Itemized Proposed Fee Schedule to the
Chief of Police. The Chief of Police shaH determine the median rates as established by a current
area survey. The Operator's rates may not exceed fifteen (15%) percent of the established area's
median rate.
(2) Itemized rates shaH be submitted to the City Council for approval, after
which they shaH become incorporated into the Agreement as an Exhibit, as specified in Section 7
of this Resolution.
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(b)
The operator shaH not charge any fees in excess of those approved for Police
Department cans for towing. Secondary towing requested by the customer may be
negotiated by the Operator in accordance with his or her private business
practices.
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Resolution Number 41/~]7
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(c) Rates for roadside service such as out of gas, lockouts, etc., shaIl be no more than
one-half the regular tow rate under nonnal at-scene situations.
(d) There can be an additional charge for after hours release from the storage facility
if there is no one available and a caIl-back is required. This additional fee shaIl be
no more than one-half (1/2) of the regular tow rate.
(e) Outside storage shaIl be no more than twenty (20) percent of the regular tow rate.
(f)
Inside storage shaIl be no more than twenty-five (25) percent of the regular tow
rate.
(g) Vehicles stored twelve (12) hours or less shaIl be charged no more than one (1)
day storage rate.
(h) The Fee Schedule adopted shaIl be posted by the Operator at the primary place of
vehicle release and shaIl be made available upon request to persons for whom the
services were provided.
(i) The Operator agrees to provide the foIlowing services under the Agreement at or
below the rate established periodicaIly by the City Council:
(I)Basic Tow
(2)Heavy Duty Tow
(3)Inside Storage
(4)Outside Storage
(S)Storage of Motorcycles
(6)Tow DoIly
(7)Dropped Drive Line
(8)Winching and Recovery
(9)Labor and After-Hours Release
(j)
No charge shaIl be made for a dry-run, or when no chargeable services are
rendered by the operator.
(k) The Operator shaIl tow City-owned vehicles from a distance of five (5) miles or
less outside the City for no charge.
(I) In the event the Police Department errs impounding a vehicle, or for any other
reason, in its sole discretion, detennines a vehicle should be released without
charge tothe owner or agent, it shaIl be released immediately by the Operator
upon request of the Police Department. The operator may submit an itemized biJI
to the Police Department which shaIl not exceed fifty (SO) percent of the accrued
charges.
(m) It shaIl be the Operator's responsibility to coIlect its fees for services perfonned
under this Agreement, and the City shaIl in no way be responsible for such fees.
(n)
Should a dispute arise over a biII or claim of which cannot be satisfactorily
resolved by the parties involved, the Operator shaIl abide by the decision of the
City Council, or persons designated by the City Council, who shall have final
administrative power to settle any and all claims or disagreements.
Section 10. Grounds for Revocation
Any contract awarded under the provisions of this Resolution may be tenninated by the City
Council, City Manager, or Chief of Police, either as a whole or as to any person or vehicle
described therein, within five (5) days notice to the operator requiring him or her to appear at a
certain time and place to show cause why the contract should not be tenninated for any of the
following reasons:
~esolution Number t.//bf
(a) That the contract or permit required has been withdrawn or lapsed, or is no longer
in force for any reason.
(b) For the non-payment of any business license or other fee as required by the Seal
Beach Municipal Code.
(c) Breach of any rule, regulation or condition set forth in any applicable Federal,
State or Local Code, or any part of this Agreement.
(d)
For failure to maintain satisfactory service to the public or for failure to keep any
operator's tow or service vehicle in a safe condition and good repair.
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(e) For deviation from the Fee Schedule as set forth in the Exhibit to the Agreement.
(f) For any cause which the City Council finds which makes it contrary. to the public
interest, convenience, necessity or general welfare, for the certificate or permit to
continue. If the Operator fails to respond to any notice given by the City, the City
may terminate this Agreement on that basis alone in which case the Operator
shall be removed from the rotation list.
AYES:
COUNCILMEMBE
Seal Beach,
1992.
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NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
_-<::tu... ./ ~041J' /',
MAYOR.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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