Janet L. Davis City Clerk APPROVED AS to FORM AND

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RESOLUTION NO.c.D2 7S-6

A RESOLUTION ADOPTING A WRECKER ROTATION POLICY AND RATE SCHEDULE FOR PROVIDING TOWING SERVICES REQUIRED IN REMOVAL OF ILLEGALLY PARKED OR ABANDONED VEHICLES AND VEHICLES INVOLVED IN ACCIDENTS; AND PROVIDING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: SECTION 1. That the attached Wrecker Rotation Policy and Rate Schedule are hereby adopted for providing towing services required in the removal of illegally parked or abandoned vehicles and vehicles involved in accidents or obstructing traffic, the same being incorporated herein by reference and made a part of this Resolution. SECTION 2. Each towing service desiring to be included in the rotation policy adopted hereby shall be licensed by the Police Department as required therein within 90 days from the passage of this Resolution or said towing service will be removed from the rotation list. SECTION 3. This Resolution shall take effect immediately upon adoption.

PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 44 DAY OF DECEMBER, 1977.

Mayor . 0. reineman ATTEST: d Janet L. Davis City Clerk

APPROVED AS TO FORM AND LEGALITY BY Fle cher, City A torney CITY OF NAPLES _ CITY OF NAPLES ROTATION POLICY ROTATION POLICY RATE SCHEDULE RATE SCHEDULE

I. CLASS A VEHICLES: (Straight Tow) Passenger cars including 1/2 ton and 1 ton pickup trucks II. STORAGE:

Open $3.00 DAY RATES: (Per Day)

1. Maximum Flat Rate Per Call $25.00 Inside $5.00 (Per Day) NIGHT RATES: 1. Maximum Flat Rate Per Call $30.00

Maximum Charge For Use of Dolly Day or Night Calls: $15.00

A-01 A-02 q.

CITY OF NAPLES

ROTATION POLICY RATE SCHEDULE

III. RATES FOR ADDITIONAL CHARGES AS NEEDED:

1. Hourly rate for additional services after one (1) hour $10.00

2. Winch out $15.00

3. Double Hook-up $10.00

4. Change of tires (per set of 2) S 5.00

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A-03 C t•g' ' rem,

CITY OF NAPLES LICENSING REQUIREMENTS WRECKER SERVICE ROTATION POLICY DEFINITIONS AND LICENSING A-05 Each towing service requesting qualification shall have been operating as a towing service in the City of Naples area A-01 For the purpose of this policy, the following words and phrases for not less than one year prior to requesting qualification. shall have the meanings ascribed to them in this section. A-06 Each towing service requesting qualification shall provide A-02 TOW TRUCK shall mean a motor vehicle which has been altered or the following information: designed or equipped for and exclusively used in the business of (A) Name of firm: Indicate whether a corporation or towing vehicles by means of a crane, tow bar, tow line or dolly partnership; list all parties having a financial interest or is otherwise exclusively used to render assistance to other in the towing firm, including names and address; and vehicles. number of years business has been established.

A-03 TOW TRUCK SERVICE OR TOWING SERVICE shall mean the provision of (B) Experience: List the number of years and locations of towing service in response to a police dispatch in police participation in similar police towing service together situations. with any commendation or complaints received from governmental agencies in conduct of said business. A-04 It is the intent of this policy to describe the basic regulations (C) Stability: State business of the firm aside from partici- for only the operation of tow cars or tow trucks in police pation in police towing activities. situations in the removal of and towing away of motor vehicles (D) Equipment: Describe the available equipment to be used which are illegally parked, apparently abandoned, or involved in in police towing services particularly in terms of an accident or which constitute an obstruction to traffic comparative qualities or capacities as related to minimum because of mechanical failure. The City hereby establishes eligibility requirements. a towing service rotation system which shall provide a fair and (E) Communications: Describe the method of the communications impartial means of distributing police requests for towing system between the place of business and operating tow services among tow truck services or towing services which elect trucks, as well as the means utilized for insuring prompt to enter into a Contract with the City and, in doing so, agree dispatch of trucks upon receipt of calls from the police to the licensing requirements, regulations and rate schedule department. herein established. (F) Primary business location: List the location of the

primary business operation, including dimensions and A-08.1 Licenses required by this article shall remain in full type of facilities available, force and effect until revoked pursuant to section A-08.2. (G) Storage lot: List the location of storage lots, dimen- A-08.2 The Police Chief may revoke a license issued pursuant to sions thereof, relationship to primary business operation, this article if he determines that a licensee has violated type of protection afforded and screening and maintenance the terms of this Policy, the Regulations, Procedures provided at said lots. and/or Rate. Schedule. A-06.1 Each towing service shall be in compliance with regulations A-08.3 Each license issued pursuant to the terms of this article 25-5.31 of Public Service Commission which outlines insurance is non-transferable. requirements required by wrecker services in the State of Florida at the time the application is submitted under this OPERATING REQUIREMENTS part and shall provide evidence of same.

A-09 Each towing service request for a license required by this A-07 Upon the timely receipt of each request for qualification for a policy and/or each licensee shall meet and maintain the tow truck service license, the Police Chief shall retain a copy following minimum business and storage lot requirements. and forward copies of same to the City Manager and Director of Public Works. The Police Chief shall immediately initiate (A) Business and storage: The business and storage lot an investigation to determine if each requestor meets must be reasonably accessible to the public. The the minimum eligibility requirements as set forth in this storage lot must have adequate storage space (at policy. Within two (2) weeks of the original date of least 50' x 100' or equivalent area) to accommodate application, the police chief shall make a determination thirty (30) cars. Vehicles and contents must be kept regarding the eligibility of each requestor. safe from pilfering in the storage lot. (B) Building and zoning: Business buildings, storage lots A-08 If the Police Chief determines that a requestor fails to meet and all accessories thereto shall conform with all the minimum eligibility requirements, or that rejection is in applicable building code requirements and zoning code the interest of the public health, safety and welfare he shall regulations of the City or County if outside corporate reject the qualification request for an emergency towing service limits. license. In the event of such rejection, a requestor shall be (C) Hold harmless: As a condition of the issuance of any informed of the reason or reasons for said rejection. license for a tow truck or towing service license, the licensee shall assume the defense of ar( Idemnify and hold harmless the City from all liability or claims A-11 Each requestor for a license required by this policy and/or of liability arising by reason of injury or damage to each licensee shall meet and maintain the following persons (including death) and/or property occurring minimum equipment standards: as a result of service provided pursuant to the (A) Truck chassis: At least one (1) rig of one-ton capacity terms of this policy. with rear dual wheels. (D) Experience: Tow truck or towing service licensee shall (B) Company name: Company name, address and phone number have been continuously and actively engaged in the on both sides of the tow car.

operation of a tow truck or towing service for a period (C) Lights: Trucks must, at all times, be equipped with such of one year prior to the date of submitting the request headlights, taillights, red reflectors, stop , lights, for qualification. warning lights, etc., as required by state law, plus (E) Responsibility: Each license under the purview of this one white utility light (adjustable or portable), and policy shall keep all stored or impounded vehicles and/or may be equipped with such other lights as the owner may

contents free from damage, destruction, theft and desire which are not forbidden by law.

pilferage and shall accept full res ponsibility for the (D) Winch: To be power-driven by power takeoff from trans- safekeeping of said vehicles while on its storage lot(s). . mission equipped with safety dogs or equivalent braking

devices. A-10 Laws and Taxes: The towing service or services shall comply (E) Booms: Adjustable single or double booms with at least with all County, State and Federal laws and all applicable four-ton capacity. municipal ordinances and shall indemnify the City from all (F) Cables: At least one truck shall be equipped with three Contractor violations thereof. The towing service or services hundred (300) feet of not less than three-eights (3/8) shall further assume and be specifically liable for all inch cable, free from partial breaks or knots. State and Federal payroll or Social Security Taxes, Unemploy- (G) Additional equipment: Trucks must be equipped with red ment Compensation Tax, and for all State and Federal Sales flares, lanterns or reflectors, hand tools, crowbar, and Use Taxes which may be in force during the term of the rope, broom, bolt cutters, shovel, dustpan, axe, fire agreement and guarantees to hold the City harmless in every extinguisher (dry chemical type), portable red tail- respect for violations of any such laws. light and stoplight for towed vehicles, one (1) four-way

lug wrench, one (1) flashlight, five (5) 30-minute fuses, one (1) pair of jumper cables, equi: 't fcr

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opening locked vehicles and safety snubber chain. 4. Minimum of one-hundred (100) feet of 3/8 inch Each tow company shall have at least one set of cable. dollies as standard equipment. 5. Cradle tow plate or tow sling to pick up (H) Attendants: Attendants and operators must display vehicles. Cradle or tow plate to be equipped a reasonable knowledge of their work. with safety chains and so constructed that no further damage will occur when picking up ROTATION SYSTEM vehicle.

A-12 There shall be one (1) rotation system pursuant to this policy for those vehicles outlined in A-15, requiring DISPUTES OVER CLAIMS Class A wrecker. B-01 Whenever there arises a dispute over a claim or bill of A-13 In the event that the owner of a vehicles to be towed any nature, relative to towing services, and same pursuant to this policy has no preference relative to cannot be satisfactorily adjusted by the parties involved, the tow truck or towing service to be used, the police the Chief of Police or his designated agent, shall have dispatcher shall rotate dispatches among the currently full power to settle any and all claims or disagreements. licensed tow trucks or towing service on a call by call basis. LIABILITY

A-14 The following are classifications for Class A wreckers: C-01 The owners of towing companies participating in towing

(A) CLASS A WRECKER (cars and light trucks) assignments by the police department shall be responsible

1. Tow truck shall have a minimum manufacturer for the acts of their employees while on duty. Towing capacity of 10,000 pounds GVW. companies shall be responsible for damage to vehicles 2. Single or double boom capacity of not less while in their possession. than four (4) tons.

3. Power winch pulling capacity of not less than RECORDS AND CHARGES

four (4) tons. D-01 Each towing company subject to the provisions of this policy shall keep a record of the vehicles towed and the 4.

license numbers thereof; the location from which towed; after proper payment of charges due from 8:00 a.m. until the date and time dispatched and date and time completing 5:00 p.m./Monday through Friday, excluding holidays the call; the name of the officer ordering the towing; recognized by the City of Naples. and whether the vehicle was impounded or towed at the In the event owners of private vehicles desire to pick owner's request. up their vehicles at other hours upon request of the D-02 The wrecker dealer shall provide to the Chief of Police Police Department, a maximum of a $7.50 charge may be a copy of the records described in D-01 for all private imposed per vehicle. This is not mandatory. vehicles that have been towed under this agreement. These D-06 The additional hourly charge allowable under the Rate records shall be provided within two (2) working days after Schedule may be imposed when a towing company-, as a result request for said copy of records. of circumstances beyond the towing company's control, D-03 All charges for tow truck or towing services shall be devotes in excess of one (1) hour (60 minutes) to a tow made according to the Rate Schedule adopted by resolution call from the time of dispatch to time of disconnect of the Council. Said Rate Schedule shall be amended only from the vehicle. In the event the additional time spent

by Council resolution. A copy of said current Rate Schedule is less than one (1) hour, the charge shall be pro-rated. shall be prominently posted in each tow truck and each Additional time spent on chargeable items (dollies, licensee shall furnish a copy of same to any person upon changing tires, etc.) will not be included under the request. additional charge for time provision.

D-04 The towing service or services under Contract with the City RESPONSE TO CALLS shall not impose any fees or charges against any owner of E-01 All requests for a tow truck or a towing service made under any vehicle other than those outlined in the Rate Schedule this system shall be made through the Police Department. without prior consent and knowledge of the owner of the

vehicle. E-02 The owner of any vehicle to be towed pursuant to this policy shall have the right to designate the tow truck or D-05 Any owner of a private vehicle shall be able to remove said towing service of his or her choice. vehicle from the compound of the towing service or

services without payment of any additional fee or charge E-03 Each tow truck or towing service shall have the duty to

inform the police dispatcher if, for any reason. said service will be delayed in responding to a dispatch. IMPOUNDMENT

E-04 If, in the judgement of the police dispatcher, the eligible F-01 Vehicles impounded by the police for special investigations, tow truck or towing service will be delayed in responding to i.e., fingerprints, etc., shall be held in maximum security a dispatch, said dispatcher shall be re-directed to until cleared by investigating officers. Contents of dispatch to the next eligible tow truck or towing service, vehicles with a police "hold" shall not be removed. according to the described Rotation Schedule. F-02 All vehicles stored or impounded as a result of a tow order E-05 There shall be an attendant on call at all businesses by the Police Department shall be made available to the owner licensed pursuant to this policy, capable of immediate of the vehicle or his representative, any insurance response to police requests for towing. agent, insurance adjuster, or any body shop or car dealer,

E-06 After bieng dispatched by the Police Department to the for the purpose of estimating or appraising damages, except scene, the tow truck operator shall cooperate with the vehicles with a police "hold". police officers in removing hazards and illegally parked F-03 Vehicles to be appraised shall be accessible to police vehicles as requested. It is the duty of the police department personnel. An employee of the towing company officers to determine when such a vehicle should be may be required to assist. impounded or moved, and the tow truck operator shall abide by their decisions. The police officer on the scene shall determine if greater towing capacity is needed and shall. call upon any service capable of providing that capacity regardless of whether or not said company is licensed by the City or whether it is their period of time to receive police dispatches.

E-07 It shall be the responsibility of responding wreckers to

remove all glass and debris from the street where an accident has occurred.