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5.2 Vehicle Towing Rotation AppealCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 8/26/13 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 BY: ITEM CITY MANAGER'S OFFICE FIN�L�A PPRO A L ITE 2 Page 1 BY: Jason A. Gage, City Manager BY: ITEM: Vehicle Towing Rotation Appeal Review the denial of an application by Roy Palmer to be included on the city's vehicle towing rotation list and take action to either approve or deny inclusion on the list. BACKGROUND: On July 29, 2013 Roy Palmer submitted an appeal request to the denial of his inclusion on the city's vehicle towing list by the city manager. This appeal request is in accordance with Salina Code Section 38 -60. Before an application is approved, it is reviewed using the criteria listed in Saline Code Section 38 -57 (attached). The process includes an application review by the City Clerk's Office and a background investigation of the applicants conducted by the Police Department. Based on this information, the city manager has the authority to approve or deny the license, subject to the appeal authority of the City Commission. By letter dated July 22, 2013, the city manager denied Mr. Palmer's request to be included on the city's vehicle towing rotation list. The vehicle towing rotation list process was developed in late 2011. Often times, the City's police department responds to accidents in the public streets and needs impound services for vehicles associated with criminal activity. When a person is in a vehicle accident and the vehicle is not in a condition to be driven, the responding police officer will first ask the vehicle owner if they have a preferred towing company. If they do, then the owner's preferred towing company is called and the towing rotation list is not used. If the vehicle owner does not have a preference, then the police officer calls the towing company that is listed as next on the rotational list. The point of the list is only to create an impartial, quality system when a vehicle owner does not have a preferred towing company. The quality of services is also important if a vehicle is ordered to be impounded and preservation of the vehicle and /or its contents is necessary for evidentiary purposes. A denial of this application would not prevent Mr. Palmer from re- applying to be included on the vehicle towing rotation list at some time in the future when the Police Department again solicits proposals from local towing companies. Certainly, this opportunity in no way implies that a future application will be approved as such an action is still based on the application of discretion by the city taking into consideration the context of the application in accordance with the guidelines established by the Salina Code. The City's ordinance clearly leaves to the City Commission the final discretion with regards to those companies selected to be on the vehicle towing rotation list. Please know that this appeal is considered "quasi-judicial". As a result, the specific reasons and related information supporting the denial will be provided at the meeting on Monday rather than in advance. This approach is intended to fully preserve impartiality as applied to the process. FISCAL NOTE: This action has no fiscal i CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 8/26/13 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: ITEM CITY MANAGER'S OFFICE FINAL APPROVAL: NO: Page 2 BY: Jason A. Gage, City Manager BY: CONFORMANCE WITH STRATEGIC PLAN: This action has no relationship to the city's Strategic Plan. RECOMMENDED ACTION: As previously mentioned, the city manager initially denied this application by Mr. Palmer to be included on the City's vehicle rotation towing list. In accordance with the Salina Code Section 38- 57(a)2 and (a)3, the City Commission has the full discretion to uphold the denial or add Mr. Palmer to the vehicle towing rotation list. Attachment: Application and denial - related information to be provided at Monday's meeting Salina Code Section 38 -57 (b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court. (c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held. (d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole by the bond, if posted, and any surplus bond money shall be returned. (e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. (f) Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, the bond shall be forfeited. (Ord. No. 11- 10621, § 1, 10- 24 -11) Sec. 38 -57. Contracts for towing and storage — request for proposal process. (a) The city may, after a competitive request for proposal process, contract for the towing and storage of vehicles. Upon notification by the city of its request for proposals, all interested and eligible service providers shall submit an application, including its proposed maximum rate for towing service and storage fees as specified in the request. The award of a contract for towing and storage of vehicles shall be based on, but not limited to, the following factors: (1) The amount of the proposed maximum rate for towing service and storage fees to which the service provider is willing to commit for no less than one year; (2) The bidder's technical skill, experience, and sound business practices in providing towing and storage services; (3) The bidder'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; (4) The bidder's existing availability of equipment, facilities and personnel well- suited for providing towing and storage services or the bidder'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 (5) The bidder's ability to meet the minimum quality standards established pursuant to this section. (b) The chief of police shall have the authority to 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. -548- (c) The city may contract with one (1) or more towing and storage companies. If the city elects to contract with more than one (1) company, a rotation schedule shall be administered in accordance with Section 38 -59. (Ord. No. 11- 10621, § 1, 10- 24 -11) Sec. 38 -58. Contracts and maximum rates. (a) Upon completion of the request for proposal process, the city manager will choose one (1) or more service providers to enter into a contract with the city to provide towing and storage services in accordance with this chapter. Based upon the maximum rates for towing service and storage fees submitted by the service providers applying to contract with the city, the city shall establish the maximum rate a contractor may charge for towing service and storage fees in accordance with K.S.A. 8 -1103, as amended. Such maximum rates 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. (b) Upon the award of a contract under subsection (a), the contractor shall file with the city clerk a list setting out the name and location of each of the contractor's vehicle storage locations. (Ord. No. 11- 10621, § 1, 10- 24 -11) Sec. 38 -59. Rotation tow list. In the event that the city contracts with more than one (1) towing and storage service provider, the police department shall implement a rotational procedure that fairly utilizes the services of each service provider under contract with the city. (Ord. No. I1- 10621, § 1, 10- 24 -11) Sec. 38 -60. 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 violates the terms of its contract with the city, the minimum quality standards established by the chief of police, or fails to perform towing and storage services in a manner consistent with its proposal and the selection criteria set forth in section 38 -57. 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. (Ord. No. 11- 10621, § 1, 10- 24 -11) DIVISION 3. INOPERABLE VEHICLES Sec. 38 -81. Finding of governing body. The board of commissioners finds that junked, wrecked, dismantled, inoperative, discarded or abandoned vehicles, or parts thereof, in and upon all property within the city is a matter affecting the health, safety, and general welfare of the citizens of the city, for the following reasons: (1) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents; (2) They are a danger to persons, particularly children because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports and because they are a ready source of " Cross references: Nuisances generally, Ch. 24. -549- Eyew-c5 PALMER TRUCK &TRAILER REPAIR ALL AMERICAN TOWING 2700 N 5th St Salina, KS 67401 785-825-2607 Fax 785-825-1688 7/29/13 City Clerk City of Salina, Kansas Room 206, City/County Building 300 W Ash Street Salina, KS 67401 RE: Palmer Truck Appeal To Whom It May Concern: I hereby appeal the decision of City Manager Jason Gage denying my request to be included on the City of Salina rotation towing list . Request is hereby made for an administrative hearing. We would appreciate your courtesy in providing us with at least three (3)weeks advance notice of the date, time and place of the hearing. Please also advise me of the name, title and address of the hearing officer. Sincerely, aJ I as},- Roy Palmer v - CITY MANAGER'S OFFICE c1141,Of- ! TELEPHONE • (785) 309-5700 Jason A. Gage FAX (785) 309-5711 City Manager TDD (785) 309-5747 300 West Ash P.O. Box 736 E-MAIL jason.gageOsalina.orq Salina Salina, Kansas 67402-0736 WEBSITE • www.salina-ks.gov July 22, 2013 Roy F. Palmer 2700 N. 5th Street Salina, KS 67401 Dear Mr. Palmer Thank you for your request to be included on the City of Salina's rotation tow list, to provide vehicle towing and storage services for the Salina Police Department. Your request to Deputy Police Chief Carson Mansfield has been directed to my attention, and we appreciate your interest in providing this valuable service. Unfortunately, at this time, you are not eligible for award of a contract, and I must inform you that your request has been denied. On or about January 8, 2013, in Saline County District Court Case No. 2012-CR-305, you were found guilty on two counts of deceptive commercial practice, in violation of K.S.A. 21-6503, and two counts of unlawful transfer of certificates of title, in violation of K.S.A. 21-5836. Pursuant to Salina Code Section 38-57, the award of a contract for towing and storage of vehicles shall be based on, among other factors, a towing provider's: (1) sound business practices in providing towing and storage services; and (2) 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. Based on your January 8, 2013 convictions, I do not believe you currently satisfy the aforementioned eligibility factors, and therefore must deny your request. Please notify my office as soon as possible if any of the information serving as the basis for this decision is incorrect. You may appeal this decision to the governing body by delivering written notice to the city clerk, which must be received in the office of the city clerk no more than ten (10)days following the date of this letter. Thank you again for your interest, and please contact me with any question or concerns. Sincerely, Jason A. Gage City Manager cc: Jim Hill, Police Chief Lieu Ann Elsey, City Clerk (b) A hearing for the purpose of determining the validity of the to* shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court. (c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held. (d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall he paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole by the bond, if posted, and any surplus bond money shall be returned. (e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. (1) Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, the bond shall be forfeited. (Ord.No. 11-10621,§ 1, 10-24-11) Sec. 38-57. Contracts for towing and storage—request for proposal process. (a) The city may, after a competitive request for proposal process, contract for the towing and storage of vehicles. Upon notification by the city of its request for proposals, all interested and eligible service providers shall submit an application, including its proposed maximum rate for towing service and storage fees as specified in the request. The award of a contract for towing and storage of vehicles shall be based on, but not limited to, the following factors: (1) The amount of the proposed maximum rate for towing service and storage fees to which the service provider is willing to commit for no less than one year; (2) The bidder's technical skill, experience, and sound business practices in providing towing and storage services; (3) The bidder'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; (4) The bidder's existing availability of equipment, facilities and personnel well-suited for providing towing and storage services or the bidder'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 (5) The bidder's ability to meet the minimum quality standards established pursuant to this section. (b) The chief of police shall have the authority to 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. - 548- (c) The city may contract with one (I) or more towing and storage companies. If the city elects to contract with more than one (1) company, a rotation schedule shall be administered in accordance with Section 38-59. (Ord.No. 11-10621,§ I, 10-24-10 Sec. 38-58. Contracts and maximum rates. (a) Upon completion of the request for proposal process, the city manager will choose one (1) or more service providers to enter into a contract with the city to provide towing and storage services in accordance with this chapter. Based upon the maximum rates for towing service and storage fees submitted by the service providers applying to contract with the city, the city shall establish the maximum rate a contractor may charge for towing service and storage fees in accordance with K.S.A. 8-1103, as amended. Such maximum rates 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. (b) Upon the award of a contract under subsection (a), the contractor shall file with the city clerk a list setting out the name and location of each of the contractor's vehicle storage locations. (Ord.No. I1-10621,§ 1, 10-24-11) See. 38-59. Rotation tow list. In the event that the city contracts with more than one (1)towing and storage service provider, the police department shall implement a rotational procedure that fairly utilizes the services of each service provider under contract with the city. (Ord.No. 11-10621,§ I, 10-24-11) Sec. 38-60. 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 violates the terms of its contract with the city, the minimum quality standards established by the chief of police, or fails to perform towing and storage services in a manner consistent with its proposal and the selection criteria set forth in section 38-57. 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. (Ord.No. I 1-10621,§ 1, 10-24-11) DIVISION 3. INOPERABLE VEHICLES4 Sec. 38-81. Finding of governing body. The board of commissioners finds that junked, wrecked, dismantled, inoperative, discarded or abandoned vehicles, or parts thereof, in and upon all property within the city is a matter affecting the health, safety, and general welfare of the citizens of the city, for the following reasons: (I) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents; (2) They are a danger to persons, particularly children because of broken glass, sharp metal protrusions, insecure mounting on blocks,jacks or supports and because they are a ready source of 4 Cross references:Nuisances generally,CI: 24. - 549- 4 - I IN THE DISTRICT COURT OF SALINE COUNTY, KANSASAU,yc. 7j z'r n0. -0%S Plaintiff; t ff OF KANSAS TO1jAPR 2 PN '1 S8 vs. Case No. 2012-CR-000305 ROY FRANK PALMER Defendant. AMENDED JOURNAL ENTRY On this 8th day of January, 2013, this case comes before the Court. The State of Kansas appears by and through C. Charles Ault-Duell, Asst Saline County Attorney. The defendant appears in person and with his attorney, Trevor Riddle. The defendant was charged in a complaint with Count One - Deceptive commercial practice, in violation of K.S.A. 21-6503;Count Two - Deceptive commercial practice, in violation of K.S.A. 21-6503; Count Three -Transfer certificates of titles unlawful acts, in violation of K.S.A. 21-5836; Count Four-Transfer certificates of titles unlawful acts, in violation of K.S.A. 21-5836. The defendant pleads No Contest to Count One, Count Two, Count Three and Count Four. The Court, after questioning the defendant and examining the relevant papers finds the defendant's plea is freely, voluntarily and intelligently made and should be accepted by the Court. The Court finds Roy Frank Palmer guilty. The State dismisses any remaining counts. The Court proceeds with immediate sentencing. The defendant is sentenced to 6 months in the Saline County Jail on counts one and two and 30 days in the Saline County Jail on counts three and four with all counts running concurrent. The Court suspends the sentence and places the defendant on unsupervised probation for a period of 6 months, subject to the following terms and conditions: I. Defendant shall pay the following costs: $160.00—Court Cost Misdemeanor $500.00—Fine on count one 2. Defendant shall not violate the law. a IT IS SO ORDERED. airjeW PATRICK THOMPSO DISTRICT COURT JUDGE Submitted by: CHARLES AULT-DUELL,#23848 Asst Saline County Attorney 300 W. Ash, Room 302 Salina, KS 67401 785-309-5815 785-309-5816 Fax charles.ault-duell@saline.org Approved by: y �— t r- ,or [tid� e Attorney for Defendant 200 W Douglas, Suite 830 Olive W. Garvey Building Wichita, KS 67202 (316)264-2800