DATE: May 8, 2018
SUBJECT:
Title
RESOLUTION SELECTING AND AUTHORIZING AGREEMENTS WITH A TO Z ENTERPRISES, INC., RSQU TOWING, INC. AND SEVERIN MOBILE TOWING, INC. FOR AS-NEEDED TOWING SERVICES AT NO EXPENSE TO THE DISTRICT FOR A PERIOD OF UP TO FIVE YEARS FROM MAY 1, 2018 TO JUNE 30, 2023
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EXECUTIVE SUMMARY:
During the normal course and scope of Harbor Police duties, in 2017 the Harbor Police staff ordered 527 vehicles towed for various offenses. In order to ensure that in these instances the public’s vehicles are safely towed and properly stored, the District must have service providers that both adhere to the laws and regulations set forth by the State of California, San Diego County, and the District. Additionally, the District must have confidence that the service providers are properly training their employees to perform these functions and that their employee’s backgrounds are compatible with providing services to a public safety department. Finally, in order to ensure the public trust, all service providers need to have proper references and experience, prices consistent with the market environment, and have reputable and established history.
In order to achieve these goals, staff contacted both local and out of county public safety agencies to gather exemplars of other similar requests for proposals. The California Highway Patrol was also contacted as the authority in towing operations and the designated inspector of towing vehicles. The information gathered from these multiple sources was used to create the published RFP to ensure that the District and the Harbor Police will receive the towing services needed to maintain public safety and the public trust.
To ensure that both staff and the public will receive timely towing services, staff recommends awarding three agreements for towing services. The Service Providers will be required to impound, store, remove vehicles from a traffic collision, clean-up as required, attend to disabled vehicles and generally provide towing and storage service on a twenty-four (24) hour, seven (7) days a week, three hundred sixty-five (365) days a year. It shall be the responsibility of the Service Provider to respond immediately and promptly provide towing services for vehicles to be taken into custody, when such service is called for by the HP. The towing services to be performed by the Service Provider shall include, but are not limited to, towing services for vehicles involved in accidents or disabled by other causes, impeding the flow of traffic, impound for evidence, abandoned in public places or on private property, and for any other reason as requested by the Harbor Police.
RECOMMENDATION:
Recommendation
Adopt a Resolution Selecting and Authorizing agreements with A to Z Enterprises, Inc., RSQU Towing, Inc. and Severin Mobile Towing, Inc. for as-needed towing services at no expense to the District for a period of up to five years from May 1, 2018 to June 30, 2023.
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FISCAL IMPACT:
This Agenda item has no fiscal impact to the District as the towing costs are borne by the vehicle owner.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
In 2017, the Harbor Police initiated the towing of 527 vehicles where the vehicle’s driver was arrested, vehicle was found illegally parked, or at the scene of an accident where the driver was either incapacitated or the vehicle was impounded for evidence. Additionally, the Harbor Police often assists drivers by calling a tow company when their vehicle has become disabled or they have locked themselves out of their vehicle.
In order to provide the services needed while equitably distributing work to the many competing towing businesses in the area, Harbor Police maintains a rotational tow list in the Harbor Police Communications Center. When a tow is needed, the dispatcher calls the tow company on the top of the list. If that company is available, they will respond. If they are unavailable, the next company on the list is called and so forth. The order of the towing companies on the list does not change and it is gone through sequentially so that the last company to respond is effectively at the bottom of the list until all of the other companies have been used.
The businesses on the towing rotational list do not charge the District for services; rather they earn their income by providing this service to the persons whose vehicles are towed. The only time the District would incur charges would be when towing services are requested for the benefit of the District or following a Post-Storage Hearing (per section 22852 of the California Vehicle Code), when it is found that a vehicle was towed in error.
During a recent review, staff determined that the current list of towing companies was several years old and current contracts were not on file for any of the listed companies. There was a desire to request additional services from the towing companies that were not previously required. The District requires an administrative fee be collected from the vehicle owner in order to release an impounded vehicle per 8.29 UPD & 2.01 UPD. Currently the owner of the vehicle must go to the Harbor Police Headquarters to pay the fee and obtain a release to take to the tow company. Staff has proposed that the towing companies collect the administrative fees at their office and then remit those payments to the District. This process improvement will save both the public and staff time and effort while ensuring the same level of service.
Request for Proposals (RFP 17-73KC: Towing Service Rotation List), was issued on January 03, 2018 with a required submittal date of February 01, 2018. This RFP delineated the minimum requirements required by the District and the services required. An information exchange meeting was held on January 10, 20018 and additional questions in writing were allowed and due on January 18, 2018. All submitted questions were responded to in writing. Of the eleven towing companies that responded, three were found to meet the Districts needs for towing and inclusion on the rotational tow list.
On February 20, 2018, staff conducted a decision analysis and of the eleven towing companies that responded, three were found to meet the Districts needs for towing and inclusion on the rotational tow list. Staff had set maximum response times for the towing company’s response to a scene and a maximum distance that a tow company’s office/yard could be from designated District facilities. Some of the respondents could only satisfy the response and location guidelines in certain geographic areas of the Districts jurisdiction. While businesses were allowed to respond for only a single geographic area, ultimately staff determined that only those companies that were able to respond to all the jurisdictions should be selected. Staff felt that there would be efficiencies gained as only one rotational tow list will need to be maintained, opposed to one for each of the three designated geographic service areas. Additionally, the pass through billing will be easier to audit and track and by working with the same businesses more frequently staff will be able to build better relationships with the service providers.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the issues set forth in this agenda and found no legal concerns as presented, and has reviewed and approved the agreements as to form and legality.
Environmental Review:
The proposed Board resolution to authorize an agreement for as-needed towing services is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Class 1 - Existing Facilities) and Section 3.a. of the District’s Guidelines for Compliance with CEQA because the project in question includes operation of existing public facilities involving no expansion of use beyond that previously existing. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). No further action under CEQA is required.
The proposed Board action complies with Section 87 of the Port Act, which allows for the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
In addition, the proposed Board action is considered “excluded development” pursuant to Section 8.a. (Existing Facilities) of the District’s Coastal Development Permit Regulations because the project in question would involve no expansion of use beyond that previously existing; therefore, issuance of a Coastal Development Permit is not required.
Equal Opportunity Program:
Due to limited known sub opportunities, no SBE goal was established for these agreements.
PREPARED BY:
Eric Womack
Captain, Harbor Police
Attachments:
Attachment A: Agreement with Severin Mobile Towing Inc. dba, USA Towing and Recovery (No. 68-2018KC)
Attachment B: Agreement with A to Z Enterprises, Inc., dba Road One (No. 69-2018KC)
Attachment C: Agreement with RSQU Towing, Inc., dba Rescue Towing & Recovery (No. 70-2018KC)
Attachment D: Unified Port District Code §2.01
Attachment E: Unified Port District Code §8.29