(A) Fines and penalties. Each Official Police Tow Service agrees that an Official Police Tow Service's failure to meet the average response time for any 30 day period, or failure to meet the maximum response time for any single request for tow service, will result in damages being sustained by the city. Such damages are, and will continue to be impracticable and extremely difficult to determine. Each Official Police Tow Service agrees to pay the city $250 each and every time that Official Police Tow Service fails to meet the average response time requirements for any 30 calendar day period. Each Official Police Tow Service agrees to pay the city $100 each and every time that Official Police Tow Service fails to meet the maximum response time for any single request for tow service by the Police Department. Each Official Police Tow Service further agrees that said sums are the minimum value of the costs and actual damages caused by failure of an Official Police Tow Service to complete service within the allotted time period. Such sum is a liquidated damage and shall not be construed as a penalty.
(B) Hearing. Prior to the imposition of such liquidated damages against a particular Official Police Tow Service, that Official Police Tow Service shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with § 100.260.
(Ord. 1161, passed 7-12-00; Am. Ord. 1407, passed 3-7-18)