14-10756 Amending Contract for Vehicle Towing and Storage Services7
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Summary published in The Salina Journal °n I b/Panhvi) 1, 2o4y
ORDINANCE NUMBER 14-10756
ORDINANCE AMENDING CHAPTER 38, ARTICLE III OF THE SALINA CODE
AMENDING SECTIONS 38-57, 38-58, 38-59, AND 38-60, AND ESTABLISHING
;TIONS 38-61 AND 38-62, PERTAINING TO CONTRACTS FOR VEHICLE
WING 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
A 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 abilit}1
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 citv: and
(4) The proposer's ability to meet the minimum quality standards established pursuant
to this section.
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(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 Ist 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
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 w%vw.salina-ks.eov
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
publication by summary once in the official city newspaper.
[SEAL]
ATTEST:
Shandi Ricks. CMC. City Clerk
Certificat f Publication Summary:
Gg A. Bene n, City Attorney
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Introduced: October 2' 014
Passed: Nove er3, 2014
Aaron K. H\Jhoher, \4ayor