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HomeMy WebLinkAboutReso 1966-4192RESOLUTION NO. 4192 RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING POLICIES FOR THE SELECTION AND DESIGNATION OF TOW CAR SERVICES AS REQUESTED BY T~iE POLICE DEPARTMENT The City Council of the City of Chula Vista 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 V+IHEREAS, 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 Chula Vista 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. Dnlinioc. A. Eligibility. Any firm shall become eligible to partici- pate in the assignment of service calls by the Police Department if it has been in operation within the City of Chula Vista 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 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 contract with such company by the City Council upon recommendation of the Chief of Police. -1- B. Selection and Designation of Towing Services. Upon the recommendation of the Police Department of the City of Chula Vista, it is hereby established that there shall be three (3) towing services selected and designated to provide service at the request of the Police Department throughout the City of Chula Vista. Said recommendation is based upon review of the existing towing services and a finding that `L three (3) towing services are sufficient to provide a high level of a service to the public at the present time; said limitation to three (3) services contributes to efficient administration of the program of providing towing services on an emergency basis; and further fragmenta- ~`.; tion of the limited income derived from such services would tend to ,y t, reduce the capabilities of the towing services to properly maintain u ~,- ~. equipment and attendants, and downgrade the level of service provided to the public. Contracts for police-requested .towing shall be awarded to the three (3) 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 factors submitted in the bid forms as hereinafter delineated. C. Agreements. Successful bidders shall enter into an agreement with the City, which agreements shall contain eligibility requirements, operating regulations and fee schedules. The City and the towing contractors may review and revise the fee schedule by mutual agreement at any time upon finding that the existing rates are inequit- able. The fee schedule shall be available to interested citizens upon request. D. Negotiated Agreement. In the event that substantially similar qualifications are submitted in the bids that are received, or less than three (3) 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 ord- finance adopted by the City Council regulating police towing services, the Chief Administrative Officer shall negotiate an agreement with another towing company as prescribed in Subsection D related to negotiated agreements. Contracts shall not be assigned without the consent of the City. -2- 2 ~~qa F. Eligibility. Any firm shall become eligible to partici- pate in the assignment of service calls by the Police Department if it conforms to the rules and requirements. Any deviation from the require- ments 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 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. 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 (adjust- able 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 transmi iss on equipped with safety dogs or equivalent braking 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 available at all times h. Attendants: Attendants and operators must dis- play 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 transportation 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, cap- able of responding to police requests for towing as well as be present or available for the release of -3- vehicles to the public, 24 hours a day, 7 days a week. d. Insurance: Adequate public liability and property damage, fire and theft. e. 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 im- pounded 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 business license to operate a towing business and storage lot. b. Storage lot buildings, fencing, driveways, etc., must conform with building code requirements. c. Business and storage lot must conform to zoning regulations and have approval of the Planning Depart- ment. G. Bid Contents and Analysis. Any firm meeting the minimum eligibility requirements may submit a bid to the City of Chula Vista to participate in emergency police towing operations. The bid shall be in a form as prepared by the Purchasing Agent of the City of Chula Vista, which form shall contain the following factors to be completed by the bidder and shall constitute the basis for recommendation by the Chief Administrative Officer: 1. Business Operation. a. Name of Firm: Indicate whether corporation or partnership, list all parties having a financial interest in said towing firm, including naems and addresses, number of years business has been estab- lished in the City of Chula Vista, and number of years that those persons holding financial interest in said firm have been residents in the City of Chula Vista. b. Financial Statement: List in general terms the total amount of investment in firm properties, includ- ing equipment as well as lots and buildings. Also include description of expansion of business 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 received from Jovernmental 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 experience of said personnel in the con- duct of said business. -4- f. 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. g. 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. 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 operations. 2. Business Location and Storage Lot. a. Primary Business Location: List location of primary business operation, including dimensions and type of facilities available. b. Storage Lot: List location of storage lot(s), dimensions thereof, relationship to primary business operation, type of protection afforded, and screening 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 con- cerned 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. 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 truclc 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 re- garding signs on tow cars. Only tow cars bearing the name of the company called shall be dispatched to the scene of need. -5- '~_uia 3. Disputes: Whenever there arises a dispute over a claim or bill of any nature and same cannot be satisfactorily 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 investigating officers. Contents of vehicles with a police "hold" shall not be removed. 6. Responsibility: The owners of tow car companies participating in towing assignments by the Police Department, 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 Department, 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 pur- pose 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 employee 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. -6- '~_tJ142 SCHEDULE OF CHARGES 1. Accidents: Tow Truck and Operator: 1 mile ....................................$10.00 Next 4 miles .............................. 1.00 per mile Thereafter ................................ .50 per mile Night rate (5:00 p.m. to 8:00 a.m., Sundays and Holidays) ................... 2.50 additional 2. Straight Pickups: Tow Truck and Operator: 1 mile ....................................$ 7.50 Next 4 miles .............................. 1.00 per mile Thereafter ................................ .50 per mile Night rate, Sundays and Holidays.......... 2.50 additional (Mileage to be computed one way only) 3. Dry Runs ..................................$ 4.00 4. Storage ...................................$ 1.25 per day 5. Dolly Jobs - $15.00 plus regular tow rates for loading and unloading. 6. Heavy-duty Tow Trucks (5-ton rated or larger) $25.00 per hour or 100 additional of base rate. 7. 1/2 to 3/4-ton pickups and panels (empty) - same as passenger cars. 1-ton to 2-ton trucks (empty) - 50% additional of base rate. 8. Opening up charges to remove personal effects, examine vehicles after normal business hours, Sundays and Holidays .................................$ 2.00 All above prices are based on tow truck and one (1) 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, ending upon leaving the scene. An extra man, if needed, will be $7.00 per hour. Presented . J. Winters, Chief of Police Approved as to form by ~~George Lindberg, City Att ey -7- ~~~ l~ ADOFT.EJ AND AF.PRO~JFD by the CITY COL~NCIE of the CITY OF CHUTA VISI'h, CALIFORNIA, this _27th day of ~ September a, "966 , by the r',~llowing vote, to-wits AYES Councilmen Sparlin~, Sylvester, Anderson, McAllister, McCorguodale NAYES o Cou.~ci.lmer. None ABSENT: Councilme._Y None ~~ -~--~ ~~ _ yor f the C3 o Chu'_a Vista 01 ATTEST .~_;,.._ c ~_<_~ 1' tc~ ~`/ fo City Clerk '~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ~s. CITY OF CHULA ~iTSTA ;r I, KENNETH F~ C.~'~1FBEL°~, City Clerk cf tre City of Chula Vista, California, DO HEREBY CERTIFY that: the above ar.d f~_~r_egoirg is a fu.1.1., true and. correct copy of and that the same has nct been amended or repealed. DATED o City Clerk CC-652 ~, ~~