(A) The City Commission may authorize up to three (3) operators to be placed on the eligibility roster, considering the City Manager and Chief of Police recommendation using the criteria below and within the contract, to provide tow truck and impound service on behalf of the city, under the terms of the contract as outlined below. Selection criteria below:
(1) Previous service record and contract compliance data with city.
(2) Location and time of response.
(3) Number of, age of and type of equipment and ability to comply with all applicable state laws.
(4) Location of storage facility in relation to the service area.
(5) Adequate personnel.
(6) Insurance requirements.
(7) Hours of operation and after hours service policy.
(8) Cost of service to customers and city.
(9) Billing ability.
(10) Compliance with all ordinances of the city’s code of ordinances.
(11) Operator must immediately notify the City Manager of any change in the above ten (10) criteria.
(B) All service calls for towing or impound service on behalf of the city will be handled on a rotation basis per incident if there are two (2) or more contractors aside from exceptions provided for in division (C).
(C) The owner/operator of a motor vehicle that has been involved in an accident or is inoperable and is causing a traffic hazard may have the opportunity to give a preference as to the choice of tow truck operator. The selected operator, if not on the eligibility roster, must be available for the call response within a reasonable time to be determined by the on-scene police officer(s) and comply with all applicable ordinances in the City of Pikeville Code of Ordinances related to business licensure and have a history of compliance with this section of the code. In the event the owner/operator is injured and is otherwise unable to give a preference on an operator, the police shall cause the next operator on the eligibility roster to be called.
(D) When the owner/operator in division (C) does not express a preference, the police shall notify dispatch to contact the next operator on the eligibility roster to be called.
(E) The tow truck operator dispatched to any call shall respond immediately and shall not exceed fifteen (15) minutes during the hours of 7:00 a.m to 7:00 p.m. or twenty (20) minutes during the hours of 7:00 p.m to 7:00 a.m, from the time of notification to time of arrival at the location where tow service is needed. Tardiness on calls for service, including three (3) incidents within a thirty (30) day period shall be cause for removal from the eligibility roster for towing vehicles within the corporate limits of the City of Pikeville.
(F) When the tow truck operator cannot honor a towing request, it shall be the responsibility of the operator to immediately communicate with dispatch that the request cannot be honored so as to speed the assignment of the next operator on the City's list. The inability to respond to calls (other than while responding to another call from dispatch) including three (3) incidents within a thirty (30) day period shall be cause for removal from the eligibility roster for towing vehicles within the corporate limits of the City of Pikeville.
(G) For the convenience of the City and other customers whose vehicles may have been towed or impounded within the City, the tow truck operator shall provide a storage lot for towed vehicles within the corporate limits of the City of Pikeville in zones permitted for such businesses for the exclusive use of the operator. The storage lot must be a minimum of 3,500 square feet. To provide security to prevent vehicle theft and pilferage, an eight (8) foot fence must be installed and all entryway doors and gates shall have locks and chains adequate to prevent unauthorized entry.
(H) The operator shall maintain regular business hours at its storage lot of a minimum of eight (8) hours per day between the hours of 8:00 a.m. and 6:00 p.m Monday through Friday aside from recognized holidays so as to be available for customers to pickup and release vehicles.
(I) The operator shall carry insurance in amounts that meet applicable standards for towing service providers and comply with all applicable federal and state laws. Each operator shall provide proof of insurance to the City of Pikeville at the time of application for the towing service eligibility roster.
(J) No vehicle shall be released by the towing service operator that the Pikeville Police Department has placed a "hold" on until instructed by the Chief of Police to do so and only after proper evidence is presented to show ownership.
(K) The towing service operator will indemnify and hold harmless the City of Pikeville, its officials, agents, employees, and assigns from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of towing service, provided that any such claim, damage, bodily injury, sickness, disease or death, or injury to or destruction of property, including the loss of use resulting therefrom, and is caused in whole or in part by any negligent or willful act or omission of the towing service, or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable.
(L) Any consideration to increase the number of operators on the eligibility roster will be based on the population of the City of Pikeville, and no further consideration will be given until the City of Pikeville reaches a population of 12,000 based on the decennial census conducted by the U.S. Census Bureau or an intervening projected population count conducted midway (for example, the 2025 projection between the 2020 and 2030 censuses) between decennial censuses performed by the U.S. Census Bureau.
(M) Operators may be removed from the eligibility roster based on failure to comply with any of the provisions of this chapter or its towing contract as determined by the City Manager.
(N) If an accident or call on a particular single call expects to exceed the State of Kentucky required procurement among requiring a bid that incident shall by bid out or additional contractors may be contacted for that project by the city to ensure the city adheres to the state procurement requirements.
(O) Contract. See contract attached to Ordinance 0-2008-18, passed August 11, 2008.
(Ord. 0-2008-18, passed 8-11-08; Am. Ord. O-2022-15, passed 10-24-22)