OTHER RELATED FEES ONE TIME
AFTER HOURS RELEASE / GATE FEE $100
SECONDARY / SUBSEQUENT TOW ½
ESTABLISHED
TOW RATE
*Hourly rates
1.2 When Contractor fails, neglects, or refuses to pay or remit the VTACR fee under this Section, or otherwise pays the VTACR fee, but later cancels or stops payment on it, and in either situation that payment or remittance is lawfully due or owing, the entire amount of the unpaid or non-remitted VTACR fee constitutes a debt to the City by Contractor, which the City may recover in a civil action. Failure to timely pay the VTACR shall also be deemed a material breach of this Agreement, and the City may terminate the Agreement as provided for herein.
1.3 “Dry Runs”: City shall not be liable to pay Contractor any charge whatsoever or fee for a call that does not result in a chargeable service being rendered by Contractor (i.e., a “dry run”). In the event that a vehicle towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall wave all towing, storage, and administrative fees associated with the erroneous tow prior to release. Contractor shall maintain records of such waivers and provide documentation upon request by the Department.
1.4 Pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council of the City shall establish the fee schedule for services to be provided under this Agreement. All charges for towing, impound, storage, and other services required to be performed by Contractor under the terms and conditions of this Agreement shall not exceed those charges adopted by City Council.
1.5 All rates and charges shall be conspicuously posted in the Contractor’s office and in all tow vehicles and shall be available for review by City personnel and/or persons for whom tow service is provided. All customer bills shall be itemized. It will be the Contractor’s responsibility to collect payment for services it renders under this Agreement from the motorists, and City shall not be responsible in any way whatsoever for payment of these charges.
1.6 Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or agent of the owner claiming the vehicle.
1.7 Department may waive the VTACR fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims.
Circumstances under which the VTACR fee may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.
1.8 In the event that a vehicle is towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall waive all towing, storage, and administrative fees associated with the erroneous tow. The Department shall provide written or electronic authorization confirming the erroneous tow prior to release. Contractor shall maintain records of such waivers and provide documentation upon request by the Department.
1.9 Whenever a motorist requests tow assistance and does not specify a particular tow company or membership agency, the service shall be assigned to the Contractor in accordance with the Department’s adopted rotational call-for-service system. All charges arising out of such assistance assigned to the Contractor shall be the exclusive responsibility of Contractor and the requesting motorist. The Department shall not be liable for any charges whatsoever arising out of a motorist assistance call. Contractor shall not charge such motorist more than the rates specified in this Agreement.
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION