(A) All towing carriers selected to participate in the city's towing rotation program shall pay to the city franchise fees as determined by separate resolution of the City Council to cover the costs of the city's towing program. The franchise fees shall reflect the city's current costs for operating the towing program. The towing service agreement entered into between the city and the towing provider shall provide that any subsequent changes to the franchise fees and charges shall be applicable to the towing carrier upon ten days written notification of such changes.
(B) Payment of franchise fees and charges by selected towing carriers shall be due in accordance with the payment schedule provided in the rules and specifications.
(C) Any franchise fees and charges which remain unpaid after the date specified in division (B) of this section shall be delinquent and shall result in a penalty equal to 10% of the unpaid amount for the first delinquent month. In additional to the late charge, the city will charge a penalty of 0.5% per month on all obligations older than 30 days from the past due date. This is in accordance with Cal. Gov't Code § 54348. Nonpayment of the administrative fees and charges by any towing provider shall be grounds for revocation of the towing provider's participation in the city's towing rotation program.
(D) Nothing contained in this chapter shall prohibit or limit the city's ability to impose other fees and charges, including, but not limited to vehicle release fees. Any such fees shall be established by separate resolution of the City Council.
(E) The towing carrier must make available to the Department, upon three days' written notice, its accounting records and books related to tow services rendered on the city's behalf for inspection and audit. The city agrees to maintain the confidentiality of such accounting records and books. The towing carrier shall submit monthly documentation detailing its operations on behalf of the city in a format that is acceptable to the Department. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model and vehicle license number) and a brief description of the circumstances surrounding the tow. Towing carriers shall maintain these records for a period of three years.
(Ord. 1308, passed 6-2-21)