§ 21-16-111.1. POLICE-INITIATED TOWING.

(a)

Single contractor. The county shall procure police-initiated towing services from a single contractor in accordance with Article 10, Title 2 of the Code.

(b)

Performance standards.

(1)

A request for proposals issued under this section shall include performance standards that must be met by the contractor during the term of any contract.

(2)

Failure to meet the performance standards shall be grounds for termination of the contract.

(c)

Contract with towing licensees.

(1)

The contractor procured under this section shall be responsible for contracting with towing licensees to provide police-initiated towing on a rotational basis to be determined by the Chief of Police and the contractor.

(2)

(i)

The contractor may only contract for police-initiated towing services with police-initiated towing licensees.

(ii)

The contractor may not authorize a licensee to dispatch a towing vehicle from, or park a towing vehicle at any location other than the premises indicated on the license or from fenced-in storage facilities within view of the premises shown on license.

(3)

The contractor is not required to offer a police-initiated towing contract to every police-initiated towing licensee.

(4)

The contractor shall offer each police-initiated towing licensee whom the contractor intends to place in the rotation a standard contract approved by the Director of Permits, Approvals and Inspections.

(5)

The standard contract required under this subsection shall, at a minimum, include the following:

(i)

The contract shall incorporate by reference the request for proposals published by the county, the contract executed by the county with the contractor, this title, and any regulations adopted under the authority of this title;

(ii)

The contract shall prohibit the contractor from taking or demanding the receipt of anything of value from any police-initiated towing licensee other than the dispatch fee paid by the tower to the contractor; and

(iii)

The contract shall prohibit the contractor from making, guaranteeing or co-signing any loan to a police-initiated towing licensee.

(d)

Interest of towing licensee.

(1)

In this subsection "interest" means a legal or equitable interest, whether or not subject to an encumbrance or a condition, which is owned or held by a person subject to this title in any way, in whole or in part, jointly or severally, directly or indirectly.

(2)

(i)

The request for proposal issued under this section shall require each bidder to disclose whether the bidder has an interest in any police-initiated towing licensee or motor vehicle repair facility:

1.

In the response to the request; and

2.

If the bidder is selected to be the contractor, within 30 days after having acquired an interest in any police-initiated towing licensee or motor vehicle repair facility.

(ii)

The disclosure shall include, at a minimum, the name and the address of the licensee or the facility, as applicable, and any other information required by the county.

(3)

Any vehicle towed as a result of a police-initiated towing may not be towed by any towing licensee in which the contractor has an interest or repaired by any repair business in which the contractor has an interest.

(4)

A violation of this subsection shall be grounds for immediate termination of the contract between the contractor and the county.

(5)

This subsection shall be liberally construed to accomplish the purpose of guarding against improper influence in the provision of police-initiated towing services.

(e)

Alternative dispute resolution. The request for proposals issued under this section shall require each bidder to propose a system of alternative dispute resolution, including arbitration or mediation, binding or non-binding, for the resolution of disputes between the contractor and a towing licensee, with the following conditions:

(1)

The execution of a contract between the contractor and an additional tower may not be subject to dispute; and

(2)

County personnel may not serve as a member of any panel.

(Bill No. 67-07, § 2, 10-14-2007; Bill No. 122-10, §§ 10, 30, 1-16-2011)

Editor's note:
  Section 4 of Bill No. 67-07 provides that every person who possesses a Baltimore County accident towing license on the introduction date of this Act shall be deemed a police-initiated towing licensee from the introduction date of this Act. After December 31, 2008, the Director of Permits and Development Management may not issue a police-initiated towing license for heavy duty towing to any person subject to this section who does not comply with the Director's heavy duty towing qualification regulations for police-initiated towing licensees. This section does not apply to a license that is revoked, denied or refused renewal under § 21-16-125 of the Baltimore County Code, 2003 after the introduction date of this Act.
 Section 5 of Bill No. 67-07 provides that upon execution of the contract with the county, the contractor shall offer a standard form contract to each person who is a Baltimore County accident towing licensee or who is performing accident towing services for Baltimore County on the introduction date of this Act. The Baltimore County Police Department shall provide a list of licensees and those performing accident towing services on the introduction date of this Act to the contractor. The contractor may not cancel an executed contract with a licensee unless the licensee's license has been revoked by the county or in the case of a licensee whose license was not revoked by the county, unless the contractor informs the licensee and offers the licensee an opportunity to resolve the dispute under the arbitration system required under § 21-16-111.1(e) of the Baltimore County Code, 2003. Cancellation of a contract shall be considered an act of the contractor and not the county. The contractor may not add a new police initiated towing licensee in any geographic area designated in accordance with Section 7 of this Act until not less than 180 days after the contractor has executed a contract with each licensee and with each person who is performing accident towing services within that geographic area on the introduction date of this Act.
 Section 6 of Bill No. 67-07 provides that the county shall endeavor to have the contractor who will provide police-initiated towing services in place and operational by March 1, 2008. Notwithstanding Section 9 of this Act [which provides that the effective date of the Act is October 14, 2007], until the contractor is in place and operational, the county shall continue to use the accident towing services and procedures in effect before the effective date of the Act.
 Section 7 of Bill No. 67-07 provides that, subject to Section 6 of this Act, the Police Department may develop a system under which it will combine current reporting areas creating new geographic designations in such a way that not less than two police-initiated towing licensees serve the area so that the contractor shall dispatch responses to requests for police-initiated towing on a fair and consistent rotational basis. The new system shall take into account the provisions of Sections 4 and 5 of this Act and shall take into account the dispatch distribution that was in effect before the effective date of this Act. The combined reporting areas authorized under this section may not take effect before the expiration of the 180-day period required under Section 5 of this Act.
  Section 8 of Bill No. 67-07 provides that, subject to Sections 4, 5, and 6, of this Act, when the contractor adds new towers to the rotation required under Section 7 of this Act, in adding new towers, the contractor shall make every effort to comply with the requirements of the Executive Order entitled "Utilization of Minority Business Enterprises and Women's Business Enterprises in County Contracts" as placed into effect and amended on and after March 5, 2004.