ORDINANCE NUMBER 14-10756
AN ORDINANCE AMENDING CHAPTER 38, ARTICLE III OF THE SALINA CODE BY AMENDING SECTIONS 38-57, 38-58, 38-59, AND 38-60, AND ESTABLISHING SECTIONS 38-61 AND 38-62, PERTAINING TO CONTRACTS FOR VEHICLE TOWING AND STORAGE SERVICES.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Sections 38-57, 38-58, 38-59, and 38-60 of the Salina Code are hereby amended, and Sections 38-61 and 38-62 are hereby enacted, as follows:
Sec. 38-57. Contracts for towing and storage; rotation tow list.
(a) Following a request for proposals process pursuant to section 38-58, the city may enter into one or more non-exclusive contracts with towing and storage service providers, for purposes of obtaining vehicle towing and storage services for the police department.
(b) If the city contracts with more than one towing and storage service provider pursuant to this chapter, the police department shall implement a rotational procedure that fairly utilizes the services of each service provider under contract with the city.
Sec. 38-58. Request for proposals process.
(a) The city may, from time to time, initiate a competitive request for proposals process for purposes of soliciting proposals for a non-exclusive contract for towing and storage services and establishing the maximum fees that any contractor may charge for towing and storage services.
(b) Upon notification by the city of its request for proposals, any interested service provider shall submit a proposal on the form provided by the city, including the proposed maximum fees for towing and storage services to which the service provider is willing to commit for no less than two years.
Sec. 38-59. Contractor selection criteria and quality standards.
(a) In addition to the proposed maximum fees for towing and storage services, the award of a contract shall be based on, but not limited to, the following factors:
(1) The proposer’s technical skill, experience, and sound business practices in providing towing and storage services;
(2) The proposer’s previous conduct and performance when towing/impounding vehicles for the city, as relates to integrity, promptness, skill, efficiency, and ability to maintain satisfactory working relationships with vehicle owners;
(3) The proposer’s existing availability of equipment, facilities and personnel well-suited for providing towing and storage services or the proposer’s demonstrated financial ability and willingness to immediately expand or improve available equipment, facilities and personnel if awarded a contract for towing and storage services with the city; and
(4) The proposer’s ability to meet the minimum quality standards established pursuant to this section.
(b) The chief of police shall establish minimum quality standards for any commercial towing and vehicle storage contractor that contracts with the city. The minimum quality standards established by the chief of police may include, but shall not be limited to, the towing contractor's hours of operation; maintenance of storage facilities; security and lighting mechanisms; vehicles and equipment; and required insurance policies. All minimum quality standards shall be identified in the contract between the city and the towing contractor.
Sec. 38-60. Award of contracts; establishment of maximum rates.
(a) Upon completion of the request for proposals process, the city manager shall: (1) select one service provider to enter into a non-exclusive contract with the city to provide towing and storage services; and (2) mail written notice to the other proposers advising of the maximum fees for towing and storage services established by the contract, and of their right to request a contract on the same terms and conditions pursuant to subsection (c).
(b) Based upon the maximum fees for towing and storage services contained in the contract awarded by the city manager pursuant to subsection (a), the city shall establish the maximum fees a contractor may charge for towing and storage services in accordance with K.S.A. 8-1103, as amended. Such maximum fees shall be published in the city’s comprehensive fee schedule. No fees may be charged by a contractor for services not listed in the comprehensive fee schedule without the written consent of the chief of police. The city shall not be responsible for unpaid towing or storage charges except as agreed to in writing by the chief of police.
(c) For a period of sixty days following the mailing of the city’s notice to proposers pursuant to subsection (a), the city manager may award a contract, on the same terms and conditions, to any eligible service provider that responded to the city’s request for proposals and is determined by the city manager to be qualified for a contract after consideration of the criteria listed in section 38-59. Any service provider that does not participate in the request for proposals process shall be ineligible for a contract award until the first annual enrollment period, as set forth in section 38-61.
Sec. 38-61. Annual enrollment period.
From December 1st through December 31st of each calendar year, any interested service provider may submit a written application to the city clerk for a contract containing the same terms and conditions as the city’s other towing and storage service contracts awarded pursuant to this chapter. Applications shall be on a form provided by the city and accompanied by such information as may be requested to enable the city manager to determine the applicant’s eligibility and qualifications for a contract in accordance with the criteria, standards, and qualifications set forth in this chapter. Within thirty days of the filing of an application, the city manager shall verify all the information included in the application and determine the applicant’s eligibility and qualifications for a contract.
Sec. 38-62. Suspension or termination of contract.
The city manager is authorized to suspend or terminate the contract with a towing and storage service provider if the contractor:
(1) violates the terms of its contract with the city;
(2) violates the minimum quality standards established by the chief of police; or
(3) fails to perform towing and storage services in a manner consistent with the selection criteria set forth in section 38-59.
Any determination of the city manager relating to the status of a contract with a towing and storage service provider shall be subject to appeal to the governing body upon written notice to the city clerk received in the office of the city clerk no more than ten days following notification to the service provider of the city manager’s action relating to the contract.
Section 2. That existing Sections 38-57, 38-58, 38-59, and 38-60 of the Salina Code are hereby repealed.
Section 3. This ordinance shall be published by the following summary:
Ordinance No. 14-10756 Summary
On November 3, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10756. The ordinance amends Chapter 38, Article III of the Salina Code by amending Sections 38-57, 38-58, 38-59, and 38-60, and establishing Sections 38-61 and 38-62, pertaining to contracts for vehicle towing and storage services. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 4. This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
Introduced: October 27, 2014
Passed: November 3, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certificate of Publication Summary:
Greg A. Bengtson, City Attorney