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HomeMy WebLinkAbout2003-06-24 Correspondence Alcohol and Bar Committee (ABC) The Alcohol and Bar Committee (ABC) proposal is a response to citizen, city councilor, and student requests for a group to provide information pertaining to Iowa City, Iowa's 19-bar ordinance. Statement of Purpose: The Alcohol and Bar Committee (ABC) will be an informal committee charged with providing information to the community, university, and city council about Iowa City's 19-bar ordinance to be enacted August 1, 2003. ABC Membership: The Alcohol and Bar Committee (ABC) shall be appointed by a panel of four members. The panel will also be charged with overseeing the committee's deliberatiotts. Full discretion of the number of committee members will be determined by the panel. The four-member panel will consist of: 1. Iowa City City Councilor (appointed by the Council). 2. UI Student Body President. 3. Iowa City Bar Owner (appointed by the informal delegation of bar owners that authored the Code of Good Practice for the 19-bar ordinance). 4. Iowa City Police Department Representative (appointed by the Iowa City Police Department). Alcohol and Bar Committee (ABC) ~-~Y~ I~ The Alcohol and Bar Committee (ABC) proposal is a response to citizen, city councilor, and student requests for a group to provide information about issues relating to alcohol and bars in the Iowa City community. Statement of Purpose: The Alcohol and Bar Committee (ABC) will be an informal committee charged with providing information to the community, university, and City Council about Iowa City's alcohol/bar policies, enfomement, and compliance, as well as providing insight on what can be done to make future improvements. ABC Membership: The Alcohol and Bar Committee (ABC) shall be appointed by a panel of four members. The panel will also be charged with overseeing the committee's deliberations. Full discretion of the number of committee members will be determined by the panel. The four-member panel will consist of: 1. Iowa City City Councilor (appointed by the Council). 2. UI Student Body President. 3. Iowa City Bar Owner (appointed by the informal delegation of bar owners that authored the Code of Good Practice for the 19-bar ordinance). 4. Iowa City Police Department Representative (appointed by the Iowa City Police Department). Marian Karr From: Elias Zaharias [elzahari@avaron, net] Sent: Wednesday, June 11, 2003 3:59 PM To: cou ncil@iowa-city.org Subject: Subsidized housing Elias Zaharias 3322 Tulane Ave Iowa City, Iowa 52245 June 9, 2003 To all members of the government of Iowa City. I have been involved with civic activism in this town for over 25 years, often concentrating my efforts in environmental issues. In recent years my attention has been focused on a brewing social problem steadily created by decisions from naive and idealistic -- but shallow in wisdom and foresight members of the city government officials effecting subsidized housing in Iowa City. For a long time I have protested and criticized the unreasonable volume of subsidized housing in Iowa City and predicted undesirable consequences because of the particular class of people from out of State that flock in large numbers to this town to take advantage of the generous housing handouts. If you have forgotten the gang related crimes, shootings, robberies and even arson causing death (Cross Park apartments) of the mid to late nineties then pay attention to the recent string of robberies committed by black males in our streets. I have lived in Iowa City since 1969 and only encountered aggressive behavior towards me (after I objected to obscenities and racial remarks shouted by a black male inside the Hy Vee store at First and Muscatine) or observed drug dealings (from black and mixed race males, at the Kmart store entrance, close to Cross Park Ave) only in the last few years. The Broadway/Scott Park region is turning in to an area that resembles an inner-city housing project. The recent carjacking attempt in that part of town corroborates my claim. According to my observations, a typical scenario that has repeated its self many times in bigger cities, is taking place right here in our town; simply, residents of neighborhoods like tenants in apartments along the Broadway/Cross Park streets are moving out because a certain ethnic group of people are moving in those neighborhoods. I feel sympathy for the owners of homes who live in proximity to the Broadway/Cross Park Ave part of town. These neighbors expressed their dismay to the city over the deteriorating civility and increase of crime in their area years ago but it appears that little was done to address those concerns, say, like eliminating all apartment rental subsidies to these and other dwellings. By the way, that is not the only section in town where disconcerting "people exchange" trends are apparent. How dare you consider reducing the police force under such circumstances? What did you do with the funds generated by the considerable property tax increases in recent years? How dare you consider a larger homeless shelter since such housing for certain will contribute to the increase of irresponsible (the "no blame", "bad luc~' attributes do not fly with me) people from out of town streaming in? Even though I was not born here I am well aware of how easily and rapidly good neighborhoods and communities in USA can turn in to undesirable places to live, if just a few bad apples moved in starting the process of decline. The lack of open vigorous reaction and defense by the affected citizens who prefer to move out than fight is a major reason for such negative social change but that is another subject of 1 cultural interest and one of many I will write about in the future. I should note here that I grew up poor in a large port city of a Southern European country amidst thousands of families mostly of similar status (largely composed of battered, war-wary victims of the Nazi occupation) and although some petty crime was present, it was still a safe place to live. It is also worth noting that the relatively recent settling of hundreds of thousands of refugees mainly from Albania (the only "Muslim country' in Europe) but also from Romania and North Africa in the Capital of that Country, has sprung conditions in parts of that City reminiscent of ~bad" areas often present in big and even medium size cities in the USA. Naturally, resentment from the effected citizens is very high and friction unavoidable. These common in Europe today undesirable conditions are created by the influx of immigrants from different religious and ethnic backgrounds, and prove that too much diversity, is a stupid idea. Your simplistic and shortsighted views reflect fashionable trends and notions, but new ideas often contain faults and ignore the important dimensions of logic and objectivity. As a result you have created a social liability in Iowa City. As an assistant to the Johnson county attorney's office said in a relevant report in the Daily Iowan in 2/20/02 referring to "outsiders" crowding the human services" What are they bringing and what are they taking? .... The families we are getting...the needs are high". It appears that people who move to Iowa City from other states looking for handouts in housing are not contributing much, if anything, to the welfare of our city. Actually, these people have a negative social impact in our town's way of life. By the way, Mr. Lehman, where did you read that Iowa City was rated as number one place to live?" The AARP magazine in May-June 2000 recommends IC as a good place, along with 50 other, to senior citizens partly because of the available extensive medical facilities and the opportunities created by the presence of the University. The May/June 2003 edition lists IC as one of 15 places for "baby boomers" to consider moving to for roughly the same incentives and the relative safety of its streets (a doubtful virtue today). I wander if the rating researchers were aware of the deteriorating quality of life in this town. Please let me know where you found Iowa City listed as "number one". Mayor Guilliani clamped down on New York City's escalating social disintegration by e~doracing the truth rather than dwell in ineffective sentimental stalemate and allow further breakdown. New York's woes were the result of the unrealistic liberal ideas and policies that are fashionable in our country today. Iowa City may need his expertise in a few years, or may need me to run for office. If you labeled me as conservative in mentality you have made a mistake. I am an unbounded by common conventions thinker, and derive most of my means for reasoning from the cold laws of nature and not from self-serving misconceptions conjured up by humans. If my frank lines are shocking that's too bad. I am outspoken because I practice the principle of truthfulness, despise deception, and am aware of the reliability shortcomings from the prevailing but excessive and undue application of political correctness - a form of restriction that tends to obscure reality and stifles free speech. If the present political creed and ideology continues in Iowa City, so will the deterioration of the street safety level in its streets. The recent injuries to police officers caused by an unruly black male, adds to the series of crimes experienced in this town and should not pass unnoticed. Pull your heads out of the sand! Acknowledgment of this communiqu6 to you is expected. Sincerely 2 Elias Zaharias Marian Karr From: dennis kowalski [mayflyd@yahoo,com] Sent: Monday, June 09, 2003 1:42 PM To: cou ncil@iowa-city.org Subject: small town blues Dear Council From Total Recall-Sara Paretsky My long trek north to Morrell's took me through the disturbing vistas of the western suburbs: no center, no landmarks, just endless sameness, Sometimes row on row of ranch houses, sometimes more elaborate, more-affluent tracts, but all punctuated with malls showing identical megastores. The third time I passed Bed Bath & Beyond and Barnes & Noble I thought I was driving in circles. "Sometimes I feel like a motherless child, a long way from home" I sang, as I sat in a stationary lane at one of the everlasting tollbooths on the rim road around the city. Ironic, how quite often small town inhabitants speak of how glad they are not to live in a big city and then proceed to do everything possible to become one. This is often called progress and growth. Be careful what you ask for! Iowa City/Coralville, have a long way to go before approaching cities the size of New York, Los Angeles and Chicago. Howevever, our dual towns are developing the characteristics and the look of a single one of these cities, suburbs as described by Paretsky. Are we to become one huge suburb, not suburban to anything, but rather, out in the middle of nowhere? So much for American individualism and non comformity. Another of our myths. Sincerly Dennis Kowalski 1932 Hafor dr Iowa City, IA 52246 Do you Yahoo!? Yahoo! Calendar - Free online calendar with sync to Outlook(TM). http://calendar.yahoo.com Marian Karr From: Keith Garrison Bell [kg.bell@eudoramail.com] Sent: Tuesday, June 10, 2003 2:25 PM To: cou ncil@iowa-city.org Subject: Hello City Council Hello, I am emailing you all to let you know that I am the new staffer for Howard Dean here in Johnson County. Here is my contact information if any of you ever have any questions about Gov. Dean, or when he will be here next, or, ideally, want to get involved with Dean for America. I have worked with some of you in the past, and would love to do it again. Please let me know if you need anything from me or Gov. Dean's campaign. Upward and Onward, Keith Bell Keith Garrison Bell Dean for America Iowans for Dean Field Organizer Cell - (319)-594-7798 Home - (319)-338-7146 "The great unspoken truth is that the future of this country rests in your hands, not mine. You have the power to rise up and take this country back.~ -Gov. Howard Dean Need a new email address that people can remember Check out the new EudoraMail at http://www.eudoramail.com FILED 201 3JUN PHI2:59 Ct] CLERK 10WA IOWA June 10, 2003 Iowa City City Council Civic Center Iowa City, IA 52240 Dear Members of the Council: The City of Iowa City would like to invite you to its annual Community Development Celebration and Awards Ceremony. This year's program is titled, "Inspiring, Empowering, Achieving," to emphasize the successful use of Community Development Block Grant and HOME Investment Partnership Program monies to aid the development of the Iowa City community and to assist its Iow-income residents. The ceremony will be held on Tuesday, July 1st from 4:30 p.m. to 6:00 p.m. at Uptown Bill's Small Mall, 401 S. Gilbert Street, Iowa City. A short program will start at approximately 5:00 p.m. The annual Community Development celebration highlights the many uses of federal CDBG and HOME funds in Iowa City. These funds have contributed greatly to the upkeep and improvement of the City's neighborhoods and have assisted almost every human service agency in town at one time or another. Beneficiaries of these programs and projects have been youth, the elderly, persons with disabilities, and many lower- income persons who live in Iowa City. The CDBG and HOME funds also leverage other public and private funds, all of which combine to offer such vital support for community development. We would be interested to hear your thoughts on the future of these federal programs, and other community development and housing programs, which are such a vital part of our assistance With housing, jobs, and"~en/ices for Iow-income residents. If you are unable to participate directly, perhapsa member of YOur staff could attend. Thank you for your time and interest. If you have any questions or need additional information about the celebration or the Iowa City HUD programs, please contact Steven Nasby, Community Development Coordinator, at 319-356-5248. Sincerely, my Correia, Chair Housing and Community Development Commission 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356-$000 · FAX (319) 356-5009 Marian Karr From: Lisa Mollenhauer Sent: Thursday, June 12, 2003 3:04 PM To: 'craig-bagdon@uiowa.edu' Cc: *City Council Subject: RE: Question about Local Laws Mr. Bagdon, The City of Iowa City does not issue business permits, but our zoning ordinance would regulate location of adult entertainment establishments. If you are interested in pursuing a business, contact Jann Ream of our Housing and Inspection Services Depadment at 356-5120. She will be able to answer any additional questions. Thank you for sending your comments to the City Council. A copy of your email will be distributed to all seven Council Members on their next printed Formal Agenda Consent Calendar. All correspondence addressed to Council becomes a permanent public record. If you wish to communicate with Council Members immediately, please click here for additional contact options http:l/www.icgov.org/citycouncil.htm . Lisa Lisa Mollenhauer Administrative Assistant to the City Manager City of Iowa City 410 E ,Washington Street Iowa City, IA 52240 (319) 356-5010 .... Original Message--- From: craig-bagdon@uiowa.edu [mailto:craig-bagdon@uiowa.edu] Sent: Wednesday, June 11, 2003 4:06 PM To: council@iowa-city.org Subject: Question about Local Laws Dear Iowa City Council, Is there any local laws prohibiting an adult entertainment establishment, particularly a gentlemen's club in Iowa City. I would appreciate a response, thank you. C. Bagdon Marian Karr From: Lisa Mollenhauer Sent: Monday, June 16, 2003 8:51 AM To: 'weth rbug@bellsouth, net' Cc: *City Council Subject: RE: [Fwd: RSDS Awareness Week For Iowa City Mr. Wilson, It has been the practice of the Mayor to provide proclamations for local organizations/requestors. Even with local requests, representatives must be present at the formal meeting in order for proclamations to be read. As you can imagine, if we opened it up to national requests, our local agenda would be inundated. Thank you for your note regarding RSD. Your letter will be distributed to our Council Members on their next Formal Agenda Consent Calendar. All communications to the City Council are public record. Lisa Lisa Mollenhauer Administrative Assistant to the City Manager City of Iowa City 410 E Washington Street Iowa City, IA 52240 (319) 356-5010 ..... Original Message ..... From: wethrbug@bellsouth.net [mailto:wethrbug@bellsouth.net] Sent: Sunday, June 15, 2003 7:11 PM To: council@iowa-city.org Subject: [Fwd: RSDS Awareness Week For Iowa City From: David Wilson Date:June 15th,2003 To:The Honorable Mayor Lehman Subject: Reflex Sympathetic Dystrophy Syndrome Dear Honorable Mayor Lehman. My name is David Wilson, and I am a caregiver for a good friend who is suffering from RSD- Reflex Sympathetic Dystrophy. This disease affects millions of Americans and there is no cure for RSD. I was wondering if you could find it in your hear'[ to create an RSDS Awareness Week Proclamation for the City of Iowa City, possibly November 3rd to November 7th? I am not sure if this works for the work week or the entire 7 day week?. I feel a Proclamation such as this would be very beneficial to the citizens of Iowa City, especially those suffering from this painful disease. RSD Wreaks havoc upon the Sympathetic Nervous System, and causes intense muscle spasms (flaring) of affected areas. A day without pain is a good day!. This disease is very common but not commonly known like "Muscular Dystrophy" or "Cancer". RSD destroys a persons life( loss of job,loss of insurance, a multitude of Physical,financial and Neurological problems. Through awareness and hopefully more research, this painful disease will have a cure one day. I am including an attachment as to what this Proclamation looks like from North Carolina. Thank you very much for your time and have a good day! Sincerely, David E. Wilson,12645 Delman Lane,Pineville,North Carelina,28134. Home Phone#:704-540-8554, Work Phone#:704-588-0036. Email Address:wethrbug@bellsouth.net. geocities.com/theweatherbug2003. Additional Contact: RSDS Association Of America, RSDS.ORG. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Marian Karr From: Linzee McCray [Linzee-McCray@uiowa.edu] Sent: Monday, June 16, 2003 5:21 PM To: eleanor-dilkes@iowa-city.org; council@iowa-city.org Subject: House on the corner of Summit and College To the City Attorney and Members of the Iowa City City Council: I'm writing to express my concern over the renting to a fraternity of the house on the southwest corner of College and Summit Sts. I owned a home in the 900 block of Washington St. from 1977 until 1988. During much of that time the house in question was a fraternity. It was a terrible mess: garbage was never kept in the trash bins and blew all over the yard and neighborhood and late night parties kept neighbors awake and would be followed by days of beer cans and broken bottles littering the grass and sidewalks. During that time, I walked by the house at least twice each day, first with my dog and later with my daughter. I watched the house decay, as house members created damage (screens thrown out of windows into the yard, rain gutters broken off) and didn't repair it. The house was a tremendous eyesore and problem for the many homeowners who lived in the neighborhood at the time. Thus, it was with great pleasure that I saw the house rehabilitated in the past few years. Just yesterday I walked by the house and was impressed with how well-kept it is now. I fear that by permitting a fraternity to move in, history will repeat itself and the house will once again fall into disrepair. There are a number of lovely and/or historic houses in the neighborhood, and by permitting this house to return to its former state, it will reflect poorly on the entire neighborhood, and on the city that would permit this to happen. Thank you for your time and attention to this matter. Regards, Linzee McCray 534 Clark St. Iowa City 52240 Linzee Kull McCray, Assistant Director & Editor, Office of University Relations/Publications 300 PCO, Suite 370 The University of Iowa Iowa City, IA 52242 Phone: (319) 384-0044 Fax: (319) 384-0055 City of Iowa City MEMORANDUM Date: June 13, 2003 To: City Clerk From: Anissa Williams, Traffic Engineering Planner ~ Re: Item for June 24, 2003 City Council meeting: Installation of NO PARKING ANYTIME signs on the north side of Imperial Court As directed by Title 9, Chapter 1, 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A(10), R7-1 signs indicating NO PARKING ANYTIME will be installed on the nodh side of Imperial Court. Comment: This action is being taken at the request of the Fire Department in order to maintain the required fire lane. Imperial Court is a public street with a width of 28 feet. Vehicles parking on both sides of the street are creating difficulty for emergency vehicle access. Section 9- 1-3A(11 ) of the City Code gives the City authority to regulate parking for safety hazards on public or private streets. jccogtp/mem/irn perialctnpat doc City of Iowa City MEMORANDUM Date: June 17, 2003 To: City Clerk From: Anissa Williams, JCCOG Traffic Engineering Planner Re: Item for June 24, 2003 City Council meeting: Installation of a NO SEMIS sign As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A(7), a NO SEMIS sign will be installed at southwest corner of the intersection of N. Dodge St. and N. Summit Street. Comment: This action is being taken due to semi-trailer trucks periodically getting lost and attempting to travel through the N. Summit St./Dewey St. area. There is inadequate street geometry for vehicles this large, and yards, landscaping and a fire hydrant have been damaged. Indexbc\memos~2-1aw6-17-03.doc N Information provided by Council Member Pfab Shuttleworth & Ingersoll, P.L.C. P.O. Box2107 ~ C~t~ of ~ Cedar Rapids, IA 52406~2,07 ~dl~jl~ Re: City Vehicle Towing and Storage Services Contract Via fax ~ (319)365-8564 & U.S.Mail Dear Jon: I apologize for my delay in responding to your recent inquiry regarding the status of our review of the mattars you raised pol~ining to contract interpretation of the present towing contract which was awarded to Big 10 Towing. I wanted to investigate some related matters pertaining to how the contract has been and is being administered before I formally responded again to you. As I understand your conceras~ your client, Holiday Wrecker Services, Inc., believes that the present towing contract should be re-bid due to purported changes in contract interpretation. Specifically, it is your contention that prior to 1985, it was the City's policy to require that the contract rate be charged for impound calls and to allow the towing contractor to charge its regular market rates for non-impound calls and that in 1985 the City changed this policy so as to require that the 'contract rate be charged for both impound and non-impound calls. You claim that this policy continued in effect until shortly after the most recent towing contract was let for bids and awarded to Big 10 Towing and that tho City, without notice, changed that policy. I do not believe there has been any change in policy. It is the contract that governs what "tOws" fall under the contract. The contract, General Specifieati0ns, Section A, Scope, provides for: "towing and storage of vehicles impounded pursuant to Title 9, City Code, tho disposition of abandoned vehicles pursuant to Section 321.89 of the Code of Iowa; and other towing as may be designated by the City." The City towing contract only covers such tows; it does not cover every tow within the, City. Even within the scope of contract tows, there are provisions in the contract permitting the individual to choose a different towing service. Section E-19 Non-exclusiveness of Service, provides as follows: "The owner or person in possession of any vehicle which has been involved in an accident, or whose vehicle has been incapacitated in any other manner, shall be given an opportunity of contacting a wrecker or tow truck company of the person's own choice, but only in the event the disabled vehicle does not create a h~'ardous condition and a reasonable response time can be expected. Said person shall be given the opportunity of having such vehicle towed t6 a garage or compound other than that of the Contractor." You have further claimed that the City has accepted a pricing structure at variance with the RFP and bid documents. As an example, you claim that Big 10's bid proposal does not include a fee for an at, er hours release charge but that in posted rates they charge $25, apparently arguing that this somehow affected the final bids and award. Again, I must.respeotfully disagree. The RFP for Group I. Class A rates did not provide an aRer-hours release charge to bid on; such requirement is 410 £AST WASHIHGTON STREI~T · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Jon R. Pearee ~ Shuttleworth & Ingersoll, P.L.C. ~ C[t~',~0f' · P.O. Box 2107 ~W~. ~ Cedar Rapids, IA 52406-2107 l~y~l[ Re: City Vehicle Towing and Storage Services Contract Via fax ~ 019)365-8564 & U.S.Mail Dear Jon: I apologize for my delay in responding to your recent inquiry regarding the stares of our review of the matters you raised portaining to contract interpretation of the present towing contract which was awarded to Big 10 Towing. I wanted to investigate some related matters pertaining to how the contract has been and is being administered before I formally responded again to you. As I understand your concerns} your client, Holiday Wrecker services, Inc., believes that the present towing contract should be to-bid due to .purported changes in contract ~nterpretatlon. Specifically, it is your contention that prior to 1985, it was the City's policy to require that the contract rate b~ charged for impound calls and to allow'the towing contractor to charge its regular market rates for non-impound calls and that in 1985 the City changed this policy so as to require that the 'contract rate be charged for both impound and non-impound calls. You claim that this policy continued in effect until shortly atter the most recent towing contract was let for bids and awarded to Big I0 Towing and that the City, without nofico, changed that policy.' I do not believe there has been any ehunge in policy. It is the contract that governs what "tows" fall under the contract. The contract, General Specifications, Section A, Scope, provides for: "towing and storage of vehicles impounded pursuant to Tire 9, City Code, the disposition of abandoned vehicles pursuant to Section 321.89 of the Code of Iowa; and other towing as may be designated by the City." The City towing Contract only covers such tows; it does not cover every tow within th~ City. Even within the scope of contract tows, there are provisions in the contract permitting the individual to choose a different towing service. Section E-19 Non-exclusiveness of Service, provides as follows: "The owner or person in possession of any vehicle which has been involved in an accident, or whose vehicle has been incapacitated In any other manner, shah be given an opportunity of contacting a wrecker or tow truck company oftbe person's own choice, but only in the event the disabled vehicle does not create a hazardous condition and a reasonable response time can be expected. Said person shall be given the opportunity of having such vehicle towed tO a garage or compound other than that of the Contractor." You have further chimed that the City has accepted a pricing structure at variance with the RFP and bid documents. As un example, you claim that Big 10's bid proposal does not include a fee for an after hours release charge but that in posted rates they charge $25, apparently arguing that this somehow affected the final bids and award. Again, I must.respectfully disagree. The RFP for Group I. Class A rates did not provide an after-hours release charge to bid on; such requirement is 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1526 · (319) 356-5000 * FAX (319) 356-5009 contained within the Group I. Class C: Towing and/or RecoverY, and pertains to trucks buses, and the like. With respect to your claim that any dispatched call becomes a "City tow", again, as provided for in Section E-19, the driver of the automobile may request a different towing service, and in the officer's discretion, if the disabled vehicle does not create a haT~rdous condition and a reasonable response time can be expected, as a matter of courtesy, the office may call such towing company for the driver involved. Given the express and plain language of the contract provisions, it is apparent that there are distinct differences in what falls under the City contract and what does not. Over the years the contract language has not changed and neither has the City's interpretation of the contract. If your client did not fully understand the contract terms, he was ,free to contact the City to discuss questions of contract interpretation. Your client never asked for such contract interpretations when he had the City towing contract, nor did he make such inquiries relating to contract interpretation or policy during the bidding process for any of the contracts awarded over the years. In conclusion City staff does not recommend that the contract be re-bid. Andrew P. Matthews Assistant City Attorney cc: City Council Stephen Atkins, City Manager · Eleanor Dilkes, City'Attorney Marian Kart, City Clerk Mary Niichel, Central Services Administrator Matt J. Leonard, Big l0 University Towing Davis Foster, Attorney at Law 2 S HUTTLEWORTFI~NGERS OLL, P.L.C. ~ ATTORNEYS AT LA~' ~i~.STABLiSH£D 1853 Jcaau M. I~o, tzt Dm~a~ Krrr2xo ICzv~ I. Cra'tm I'0,~ laes~ June 18, 2003 Irvin Pfab Council Member City of Iowa City PO Box 2446 Iowa City, Iowa 52244 Re: Iowa City Towing Contract Dear Mr. Pfab: I wanted to update you regarding the outcome of our efforts to resolve the towing contract discrepancies we brought to the City's attention in January of this year. I last spoke with Andy Matthews on May 13. At that time, Mr. Matthews said he had some further investigation he wanted to complete prior to taking a position. Despite repeated voice mail messages, I have not heatrd back from Mr. Matthews on this issue As you know, it is our view that the City's pt~ent position is unfair to Iowa City residents who deserve to receive the contract rate promised to the City, and unfair to other towing bidders who were not notified that the scope of the contract had changed to allow private tow rates. Could you pleas~ investigate this situation and see what, if anything, the City plans to do about it? Our view is that the City should re-bid the towing contract to assure a level playing field for all bidders. Thank you for your attention in this matter. We look forward to hearing from you. Very truly yours, IRE/sc ~ cc: Brett R. Howard, F~1. Holiday Wrecker Service, Inc. I WASHINGTON, DC 20004-2402 I PHONE 202.783.0800 L~lm] AT T O R N E Y S AT LAWJ I FAX 202.383.6610 · A LIMITED LIABILITY PARtnERSHIp March 31, 2003 DW. ECT DtAL 202.383.6790 Fun 72270.0001 Irvin Pfab Council Member City of Iowa City PO Box 2446 Iowa City, Iowa 52244 Re: Iowa City Towing Contract Dear Mr. Pfab: Thank you for taking the time to meet with me on March 20. I wanted to update you regarding the outcome of the meeting with Andy Matthews from the Iowa City legal department. I am disappointed to report that it is still the City's position that the City towing contractor may charge private tow rates if a vehicle is not impounded even when the call is dispatched by the City. For your information I have enclosed a copy of the letter sent by Jon Pearce on March 28 to recap the meeting. As you and I discussed, the City's present position is unfair to Iowa City residents who deserve to receive the contract rate promised to the City and it is also unfair to the other towing bidders who were not notified that the scope of the contract had changed to allow private tow rates. It is my sincere hope that given time to review the information we have presented, City staff will realize the error of their position and recommend termination of the present contractor and rebidding of the contract. Thank you for your attention in this matter. Sincerely, Bmtt R. Howard cc: Jon Pearce, Esq. (w/o encl.) Holiday Wrecker & Crane (w/o encl.) BRUSSELS CHICAGO HOUSTON IRVINE LONDON LOS ANGELES MENLO PARK SAN FRANCISCO WASHINGTON, DC March 28, 2D03 Andy Matthews, ~sq. City Attorney City of Iowa City 410 E. Washington Stree~ Iowa, Ciu, Iowa 522~o Ke: City o£iowa Ci~ Towing Contr~ Dear IVlr. Ivl~tthews: Thank you for meeting with us on Friday, March 21 to review dls~repancies under the 2002 City towing contract.IAI the me~iag represenling Iowa City were yourself, Kevin O'Malley, Finance Director, and ]'one Nasby, a Buyer Control supervisor. Also in attendance was Brett Howard, an attorney assisting me on this malter. This letter confims our discussion. After Hours Release Charge, We discuised the $25 after hours release charge that the current contractor, Big-10, improperly charged to customers from A.ugtat 27, 2002 until mid- January 2003. You said that following recelpg of our January S letter, City staffcontac~ed Big-10 to a~rtain why this $25 after hours r~lease fee WaS being charged when the conlractor bid (no charge) in its 2002 proposal, You further stated that the City had no ~q~lanation for why this foe had been instltut~ nor was there any documentation showing that the contract had boea amended to allow such a charge.2 You said that tho City ingnlct~ Big-10 to inuncdia!;cly stop charging this amount and it agreed to do so. We estimated that 3-4 customers per day were improperly charged this $25 after hours ~ $~ my January 8 and l~ebru~ 18 l~tters, Attach. A & B; ~s ~ebm~ ~ ~e ~er At~. G ~ We ~o ~ed ~ f~t ~t ~ ~y e~ ~y s~ ~0~ent w~ ~ ~d bem~e con.ct p~s ~ ~ed ~ ~ ~t ye~ ~d ~y O~y be ~ged on or ~ ~e ~ve~ ~te of ~ con~a~. SHUTTLEWORTH ,q, ][NGER$OLL~ Andy Matthews March 28, 2003 Page 2 rale~se charge, resulting in as many as 120 custonmrs overcharged per month, s We asked what steps had been taken by the City to ammge refund~ for improperly oharged customers response Mr. O'Malley stated "we have no energy [sic] in th~ area." When asked if he meant that the City had done nothing to address the issue ofrefimds, Mr. O'Malley confu-med that this was what he meant. Contract Rate v~. Private Tow Rate~ l?or Iow,, City Dispatched Csl!s. For years, the practice has been that the contract rate is charged for all tows initiated by the City, yet under the 2002 conU2ct, Big-10 has been allowed to charge higher towing rates for accident calls initiated by the City. For example, on October 25, 2002, Big-10 was dispatched by the City to au accident in the 900 block of North Dodge.4 Although this is clearly a tov~ goveme'd by the contract, the motorist was charged a private tow rate of $50, rather than the $35 contract rate. You said tha~ Mary Niichel brough~ the que~on whether Big-10 could charge private towing rates for non-impound calls ~o the legal d~partment and that the issue was discussed extensively with Finance Director Kevin O'Malley, City Attorney Eleanor Dilkes and City Manager Steve Atkins. You could not recall whether all o£that occurred before or afro- my Yauuary 8 letter. After reviewing the issue it was decided that Big-10 could charge private tow rates on City dispatched calls if the vehicle was not impoundocL At the March 21 meeting we presented you with a binder containing copies of the Request for Proposals ("RFPs") for the Iowa City Towing and Storage contracts for the years 1978-2002. Using these contracts, we demonstrated that thc City has no'~ allowed multiple pricing since 1983 and in 1985 went to a single towing rate for all towing calls dispatched by the City. Al the meeting, we also delivered a signed Declaration from Gatharino Eisenhofer,~ the purchasing agent who administered the towing conulct for the years 1983-2002.~ In her Declaration, Ms. Bisenhofer states that thc present policy of allowing the City towing contractor to charge private tow rates for non-impound calls is a change in the scope of the contract. In spite of the above evidence we presented, you stated th~ the City has not changed the scope of the contract. You stated that this position is b~ed upon the fact that there is no language in the current contract that prevents the City contractor from charging private tow rates ifa vehicle is not impounded. You stated that the City could not be responsible if the City contractor approached the City and a~sked ifk can "provide a service under the contract." In this situation, you explained, ii'the City determines that there is nothing in the contract to prevent such an interpretation, even though it may be a change from how the contract was administered s Bstimate is b~sed on an average of one late night release, coup]ed with 2-3 custem~rs betweom 7-8 p.m. now 'after-hours' customers due to Big~10 change of hours of operation to dose at ? p.n~ instead of 8 pan. 4 See Atteo2u~nt D, ~caipt o~ Ms. lenrafe~ $olmson 00/2~/02). ~ $~e Attachment B, l~echmiou of Oatbake Etsenhofer (~/19/0~). ~ Ms. Eisenhofer retired in late 1999 after the award of the three year towing contract earlier that year, effectively making her administration of the towing contract from 1983 - 2002. 115 THIRD ~R~ST ,~Eo SUITI~ 500 P,O. BOX 2107 CgI~AR RAF~'I~$, IOWA SHUT?LEWORTH /k ING~V, SOLL, ~dy ~s M~ 28, 2005 Pa~e 3 in the past, it "is not a change in policy." As far as M~. Eisenhofer's Declaration was concerned, you stated that Ms. Eisenhofer's past admini~tratinn oi'~he contract was ~ot relevant because the City does not need to rely on "past practices" for administration of tho contract. Having said tha~ however, you agreed that the fa~t that p~iva~e rates were charged on October 25 for an ICPD dispatched call was a coucem. As we explained, according to Ms. Johnson the car that struck her was impounded, but her car was not. As such, MS. ~Iohnson was charged private tow rates, but the driver whose car was impounded presumably received the City rate. When Big-10 was contacted regarding why private tow rates were charged for an ICPD call their position was thai; there was nothing in the City contract to prevent them fi.om charging private rates if the vehicle is not impounded. You agreed that this interpretation of the couhus was not acceptable and that this would be investigated. Labor Charges. We discussed the faa that Big-10 is charging for labor on ICPD- dispatched calls. For example, in the October 25th accident call discussed above, Big-10 included a ~labor-winch" charge of $30, The cus~mer paid $80 when she should have paid only the $35 contract charge.~ You stated that the City's position on the labor issue is the same as on tho private tow rate issue, and that ~he City contractor may charge private labor rates for non- impound calls dispatched by the City. Request for Re-bid Due to C'hunl~e in Scope De~ied. We reiterated our position that it was unfair for the City to award a contra~ based on the terms of an RFP and bid proposals, and then accep~ performance at a lower level. We pointed out that to now allow the City towing contractor to charge private tow rates for non-impounded vehicles conslituted a change in the policy back to the 1983 multiple pricing smicture conWacts, and that this change ia policy occurred at, er the :2002 cor~uact had been awarded. We said thai; this change in policy was unfair to the other towing bidders who had no nolice that private tow charges would now be allowed. We noted that because this had not been the policy in almost 20 years and the RFP language lid not changed, other towing bidders w6uld have no way of knowing that the policy had changed. In response you stated that the City "may not have done as good a job ~ they should have" in letting vendors know how ~he 2002 contract would be adminis~ered and that the City "may need to look at how We do that in famre contracts." You further stated, however, despite the fact that there was no change ia the 1LvP language, that if bldders had a question as to how the contract was to be administered they should have asked City staffprior to bid submission. We are disappointed that the City hm agreed to iavestigate problems with the present administration of the contract but refusas to admit that there has been a change in the scope of the contract. The previous contract adminis~adon documents and the Eisenhofer Declaration clearly demonstratethat the City towing contractor may only charge contract rates when the call See Att~.l'~ment D. I15 THI~]~ ST~a~T SE~ EUl~} $00 P.O. Box 2107 (!~D4R lO.l'll)l~, Iow~.-~1406.2107 T]~L[,PHON~, S19.~6~.9461 ~ACSIMIL]~ .~19.~65.S725 Wt~'W.~HUT?L~WOR. THLAW.COM SHUTT£~WOKTH ~. ING£RSOLL~ P,L,C. Andy Matthew~ March 28, 2003 Page 4 is dispatched by the City. Therefore, k is not reasonable for the City to acknowledg~ chat this has been the Iowa City policy for almost 20 years and yet not view the cb~g~ under the 2002 contract as a change in scope. The City's present position is unfair to Iowa City residents who deserve to receive tho contract rate promised to the City aud it is also unfair to the other towing bidders who were not notified that the scope of the contr~wt had changed to allow private tow rates. It is our hope that upon furthgr review of the documents we presented at the March 21 meeting, coupled with City investigation of the present administration of the contract, that the City will do the right thing- terminate the present vendor and re-bid the contzact. Thank you for your attention to this matter. Very truly yours, Enclosures cc: Holiday Wrecker Service~ Inc. (w/o end.) Brett Howard, Esq. (w/o end.) 11~ THIKD STKal? SD, Sul?g $00 P,O, BOX 2107 CIDAI~ II. ApID$, IOWA $2406-21~7 TBL~PHON~ 31~.865.9461 ~ACSIMILi S19,~65.87~$ W~W.$HU~LRWO~HLAW.¢OM DECLARATION OF CATHARINE W. EISENHOFER 1. My name is Catharine W. Eisenhofer. I am over 21 years of age and am competent to testify to the matters set forth in this Declaration. The information contained in this Declaration is based on my personal knowledge, and the facts set forth herein axe tree. 2. I was employed with the City of Iowa City ("City") for 25 years, from 1974-1999. During that time I was the purchasing agent who administered the bidding and award process for the towing and storage contract for the years 1983, 1985, 1987, 1990, 1993, 1996, and 1999. I directed the language changes in the contract from 1983 - 1999. I retired from the City in the fall of 1999. 3. The towing contract specification is a performance specification. The specification sets out the performance requirements that the firm is to meet to provide the City's vehicle towing and storage needs. The specification is written to meet the needs of the City; first for overall Public Safety and then to meet the towing and storage needs of the City of Iowa City and the public at the request of the City. The specifications have been established in order to provide the City and its citizens with prompt, courteous, adequate and reasonable towing and storage at reasonable and uniform costs. 4. To have a uniform cost for Iowa City citizens, the City towing contractor must charge one basic towing rate for all calls. When bids axe solicited, .a single price is requested as the base rate for all tows. The City towing contract has not recognized distinctions between impound calls and non-impound calls since 1985. Prior to 1985, contractors bid on different pricing structures which included different towing rates for accident and non-accident calls; for daytime and nighttime calls and for calls inside and outside the Iowa City/Coralville limits. 5. The distinctions between different types of calls were eliminated after the 1983 contract. The multiple rate structures were confusing and difficult to administer. For the 1985 contract, bidders submitted a single towing rate that was an average of the different prices, taking different types of calls into consideration. Towing contractors, police officers and city staff discussed the proposed change to contract prior to release of the RFP. This contract change resulted in one basic rate for all service calls dispatched by the City. This was the City policy between 1985-1999. 6. It is my understanding that under the 2002 contract the City is now allowing the City towing contractor to charge non-contract rates for private tows. Current staff responsible for the enforcement of the contract may not have prior knowledge of the towing contract language history. I understand that the change to rate structure was implemented after the RFP Was released and an award had been made based on RFP language. I understand that all bidders were not provided the opportunity to bid based on a separate charge for non-contract rates for private tows. This was not the intent of the policy when I administered the towing contract between 1985 - 1999. This was the intent of the 1983 contract and before to have a separate non-contract rate for private tows. By now allowing different charges for impound and non-impound calls it appears the City changed the scope of the contract after the award had been made. 7. This change in scope does not appear to be fair to the other towing bidders because the City did not advise bidders that the contract policy was being changed to return to the multiple pricing structure last used in 1983. The language of the Request For Proposal ("RFP") did not reflect this change of policy regarding impound and non-impound calls. Since I understand the scope did not change prior to the award, bidders would have had no reason to question the scope of the specifications on this issue because the use of a single basic towing rate has been the practice since 1985. 8. Because bidders were not advised of this change in policy, bidders did not have the opportunity to consider the additional revenue generated by the non-impound calls and adjust their bids accordingly. The additional revenue from non-impound calls could allow bidders to propose a lower basic rate. In some situations the difference in rates could result in one bidder being awarded the contract over another. -2- 9. Changes in scope or commonly known as scope creep should be avoided when at all possible. Scope Creep is the expression used by project managers and/or vendors who are under pressure to constantly deliver in excess of what was originally agreed. Scope creep normally results from a failure to establish the clear requirements of the business users. The change in scope of the towing contract to return to different rates for impound and non- impound calls I feel should have been addressed in the specs or the RFP re-bid if all parties agreed that the rate structure was now inadequate. 10. There is a clause in the contract regarding "Non-exclusiveness of Services." This clause does not mean that for non-impound calls the City towing contractor may charge towing rates that are different than the City contract rates. The intent of this clause is to allow a vehicle owner, when asked by a police officer, to choose another towing company if they so desire. If the customer does not have a preference then the City contractor is dispatched and contract rates still apply. This has been the policy in Iowa City from 1985 - 1999. I declare under penalty of perjury that the foregoing is true and accurate to best of my knowledge and belief. DATED this /'~ day of March, 2003. -3- SHUTTLEWORT~,~,-,.~[NGEP. SOLL, P.L.C. ATTORNEYS AT LAW ~ '~ E~T~L~D 1853 ~A O~IGHT MAIL ~le~or Di~em, ~q, Ci~ A~mey City ofIo~ ~ 410 E, W~hin~oa Iowa CiW, Iow~ 52240 ~e: Ci~ of Iowa CiW Towing We ~p~s~ Ho~day W~oker 8e~oe, ~c, Holi~ey had ~e ~'s ~o~ng ~n~act for m~y ~. ~ p~ ~u~r. ~ con.ct w~ p~t oul for hms ~d W~ aw~d~ ~o Big I0 Univer~W Towing. ~e ~y 2002 bids of Holily ~d Big I0 Were b~ on ~e ~'s ~quez~ for [A~ Al, However. ~he ~ i~ app~fly ~llo~ng ~ ~s~ bidder ~o p~o~ con~ in a m~er ~ iz not in ac~r~ ~ ~e ~ ~d ~e bid p~posal a~t~ by ~e Ci~, As a ~zull, ~e rep~z~a~on made ~ ~e CiW ~c~ ~d CiW ~ger d~g ~ biding process ~bat ~e "~]~io ~ow~g ~ will r~m~ ~e s~o" ~uld be ~. [A~, ~mph~o~, ~ ze~s ~r for ~e C~ ~o awed a ~n~ b~ed on ~o t~,ms of~ ~ ~d bi4 p~po~, ~d then a~t pcffo~cc at a low~ level, A~o~g to s~ys~, price w~ ~ oEy way in w~ch Big lO's bid w~ b~r ~ Holi~y's bid. Obvio~ly, Holiday ~uld have ~v~ a lower bid if~e Ci~'s ~llin~ess acc~t a pfic~g s~c~re at v~e ~ ~e ~ and bid doc~en~ had b~n disclosed. SHUTTLEWOR. TH &.. ING,..~.SOLL, P,L.t2, Eleanor Dilkes, Esq. January 8, 200~ Page 2 We would appreciate clarification regarding the following apparem discrepancies: I, After Honrs Release Charge. Big 10's bid proposal states: "Al~er Hours Release Charge ......................... SNC" [Attachment A, p. 1 ii, but the Big 10 Towing Fee Schedule, posted at the Iowa City Polic~ Department, states: "After hours release (7 P.M. - 7 A.M,) ......... $25.00." [Attachment C] 2. Contract Rate Applies to All Iowa City Dispatched Calls. The RFP stsle~ ltmt: "[t]he Contractor will furnish towing service for the removal of vehicles, as defined in this document, a_nrl will furnish storage space for said vehicles when such services arc dispatched or reqtlirod by the City's Police Dep~ttment, or in the ease of City-owned or OW-leased vehicles, when dispatched by either the Police Department or authorized representative of the City." [Attachment A, p,. 9, '~ 20.al For years, the practice bas been that tho contract rate is charged whenever a tow is initiated by the City, yet Big-10 is allowed to charge higher towing rates for accident calls dispatched by the City. Per ~xample, on October 25, 2002, Big 10 Was dispatched by the City to an accident in the 900 block of North Dodge. Although this is clearly a tow governed by the contract, the motorist was charged a private tow rate of $50, rather than the $35 contract rate. [Attachment D] 3. Labor Charges. The RFP states that; "Ia]ny costs r~lated to towing and storage and not specifically set forth in these specifications will be the rcspons~ility of the Contractor, and will b~ deemed included in the fees and charges bid herein" [Attachment A, p, 10, '~ 23], but Big 10 is charging for labor on lC?D-dispatched calls, l%r example, in the October 25th accident call discussed above, Big 10 included a "labor-winch" charge of $30, The cusl~omer paid $80 when she should have paid only the $35 contract charge. [Attachment D] 4. Hours of Operation for the Pnblle. The RFP states that: "[t]he Contractor agrees to maintain a business and storage facility within the Iowa City/Coralville area, which storage ama inchldes reasonably secured short-term and long-term storage for at least 150 vehicles, The facility must be accessible at a minimllm of 8 a.m. to 8 p.m., seven days a week." [Attachment A, p. 6, ~ 5.al The posted Towing l~ee Schedule [Attachment C] shows Big 10's office hours arc 7 am. - 7 p.m., Monday - Sunday. By closing at 7 p.m. rather thru 8 p.m. Big 10 is applying its $25 Her hours release charge (which was not authorized in the'first place) to an even greater number of citizens, 5. AmendmentS to Contract. In light of thc above disparities between the bid documents and the contract performance the City is accepting, We are wondering whether there have been any contract amendments. The contract provides: "[AJny changes in fees may be rome ONLY tlpon negotiation and agreement by both parties, which agreement must be sci forth in writing no later than thirty 00) I l$ THI1RD STR[,IIT SE1 SUIT~ SO0 P.O, Box 2107 Ca,aR Ra~'~D$, Iowa $2406.2107 SHUTTLEWQRTFI ~. ING_R~OLL, Eleano~ Dilkes, Esq. January 8, 2005 Page 5 calendar days on or before the anniversary date of each year of the contract term. Any modification mtm be made iu the roma on an amendment, to be attached hereto md signed by both parties." [Attachment A, p. $, ¶ 12c] I would appreciate an oppo~ttmity to discuss with you the C[ty'~ position regarding these apparent discrepancies and will call next week to schedule a convenient time to meet at your office, Thar~¢ you for your attention to this matter. Very tuffy yottts, Enclosures ce: Holiday Wrecker Service, Inc. (w/o end,) ~LEPN(~NE 319,365-94&I ~&CSJM1Lg $! 9.$65.$7o$ WWW.SHUT?LI~WOIkTHLAW,COM ~on IL Pe~c~ S ut o,vo P,O. Box 2107 ~ ~pids, ~ 52406-2107 Re: CiW VeMcle To. rig ~nd $~r.ge Se~iees Contract De~ ~. Pe~ce: Yo~ Feb~ 18, 2003 le~er m ~e CiU M~ag~r requesting ~ ~ abovc.refcmnc~ ~n~t be c~:elled ~d re-bid h~ ~n ~feffed to mc for ~vi~w ~d I ~si~ :~ively ~ Ci~ ~out ~ m~t~r ~d conclude ~t the con~act ~s ~w not martially ch~ged over ~e y~s ~: ~nt~ h~ b~n ~n pl~ w;~ to~ng :omp~i~, nor have · ~ been ~y si~ifi~t poS~ oboes in how ~e CiU inte~m~ con.ct pm~sions. ~ere h~vc .lw~s b:~ distin:6o~ b~n "Ciu tows" ~d "priw~ ~c conmact scop:, ~ id~nfifi~ in ~ ~P ~p~fficat[on~, Section I, p~a~ph A, pmvide~ ~t · is is s con~act for tow~g ~d ~ora~ of v:Mcl~ impom~d~d pursuant ~ Titl~ 9, Ch~r 9 of the C~ Code, ~d ~e d~posi~on of abandon:d whicl~s pursuit ~ S:ction 321.89 of~e Code of Io~ and o~:r rowing as ~y b: ~i~amd by ~ Ct~, No~ing in ci~er ~e present con~t or ~e previo~ ~n~t proMM~ ~e :h~ging of d~c~t ra~ for sp~ifi~ly oon~mpl~tes ~a ~e is tach a dist~ction, bo~ in th~ S~ 1~: ~d in n~b~ed p~uaph 19 of ~e ~P, enticed '~on-Exclusivene~s of Semi~s", which prov~d:s · a ~e "o~er or person in possession of ~ny vchicl~ wMoh h~ been ~volved ~ ~ ~cideng or whos~ vehicle h~ ~en ~cap~imtM in ~y other ms~r, shall b: given ~o oppo~niu of oon~ng a ~cl~r or tow ~ck comply of~e p~son's o~ choice, but only in ~ event th~ d~abMd wMclo d~s not ~ea~ a haz~d~us condition ~d ~ m~on%bl~ res~ ~e ~ be e~eotM. Said person shall b: giwn ~e oppo~n~ of having ~uch v~hicle mw:d ~ ~ g~e or compound o~er ~ ~ of~ Con.actor," ~e cover le~er for ~e ~ prov~ ~c namos of ~ontact p~ons should ~:r: be ~y que~io~ ~ to ~e con.ct sp:c~fions, ~d your client n:wr reis~d questions abo~ file scope or specifiz~tions of~e ~ wi~ res~ct to tMs p~cul~ issue, acc~ding to Ci~ To sum up, ~om h~ not b~n a ch~ge in policy so ~ to a~oW different ch~g~s for ~pound c~ ~d non-impo~4 ~lls. ~e policy h~ remaiaod th: ssm:, ~d it is unfo~na~ if your client ~pp~:ntiy did not und~d ~e con~t specifications. How~wr,, docs not ju~ c~c:]ing ~: pms~ towing and storage s:~ice con~. Ac~r~ngly, ~: Ci~ M~ag~ mspcc~lly dcclln~s your rcqu:a to c~cel ~e present con~act ~d re-bid it Sin~rely, ..._ / A~r~w P. ~ews El~or DiI~, C~ A~om~y M~ Niichel, Cen~l Semites A~inis~ator SHUTTLEWOR. TFIC-~NGEI{SOLL, P.L.C. ATTOP, NI~¥$ AT LAW ~TABLI~H!~D Feb~ 18, 2003 T" ~ S~ph~ A~ ai~ o~ Iowa 410 ~st W~on ~: Ci~ V~de To~ md Storage We rep~s~t Ho~day W~k~ ~ce ~ co~ ~ ~e Ci~s Und= ~t oon~act, ~e Po~e D?~-~ ~pa~es ~o ~ of c~s ~ ~e con~ae~g ~eck= $~ee: .. , Impo~ ~s ~ ~ ~ ~ ~p~g a v~e for a par~g violation ~d ~ v~cle om~ ~ pay ~e to~ng ~ storage c~g~; , Non. Impo~d ~ - ~i~y a motor verde a~d~ or ~or to 1985, it was the O~'s po~ ~ r~e ~t ~ con~a~ rate be ~o~ ~po~d Calls ~d to ~ow ~e to~ con, actor to ~ge i~ re~ ~r~et con~ rate ~ ~ged for b~ ~po~d ~ ~ Non-~pound ~. ~ poli~ T~L~PHON~ ~19,~65,9461 ~CSIMI~I 319,~65.8~64 WwWjMU~TL~W~ETH~AW,cOM S~UT?L£WOKTH ~. INGerSOLL, P.L.C. Stephen Atkins February 18, 2005 Page 2 contiuued in effect un~il shortly after the most recent towing contract was let for bids arrd awarded to Big 10 Towing in the summer of 2002. The relevant provisions of the towing contract have not changed since 1985. Holiday Wrecker held the City's towing contract from 1985 to 1996 and again from 1999 to 2002. Big 10 Towh1%g had the contzaet from 1996 to 1999 amd was the successful bidder on the contract in the summer of 2002. Whe~ the towing contract wa~ re-b/d this past summer, there was no indication in the bid documents or anywhere else that the City would be allowing different charges on Impound Calls and Non-impound Calls. If Holiday Wrecker had known the. C/ty would allow ~ferent charges on Impound Calls and Non.Impound Calls, it could have given the City a much lower bid price, Staff analysis of the bids received/rom Big 10 Towing and Mol/day Wrecker indicated the only d~fference/n the bids was price. The City has a p~ right to change its policy so es to allow di/ferant charges for Impound Calls and Non-impound Calls. However, we believe/undamental fairness requires that all bidders be informed of that fact in advance, so they can struck:ute their bids accordingly. Our client respectfully requests that the City cancel the towing contract awarded last summer (the contract ellov,,~ eamcellation by e/ther party on 30 days no, ice) and re-bid it, with bid documents that disclose Whether the City wants to apply the contract rate to both Impound Calls and Non-impound Calls. Please let us know if there is any further information or documents we might provide. .. Very truly yours,