[HISTORY: Adopted by the Board of Supervisors
of the Township of Montgomery 3-24-2008 by Ord. No. 07-224. Amendments noted where
applicable.]
Purpose. It is the purpose and objective of
this chapter to protect the general welfare and public interests of
the community, safeguarding the public against fraud, discrimination,
deception and similar abuses and eliminating the retarding of traffic,
unnecessary street congestion, unnecessary delays and traffic hazards,
the towing and removal of damaged, disabled, snowbound, abandoned
vehicles or towing for other lawful purposes, and to provide for the
safe storage of such vehicles until their disposition and to establish
a towing contract and fee schedule.
A.
Towing contract. The Montgomery Township Board of
Supervisors is authorized to enter into agreements with persons and
entities (hereinafter individually called "contractor") engaged in
the business of removing vehicles of all types that are damaged, disabled,
snowbound or abandoned and providing a safe storage of such vehicles
until their disposition ("towing contract").
B.
Towing fee schedule. The Montgomery Township Board
of Supervisors shall adopt a fee schedule for the removing of vehicles
of all types that are damaged, disabled, snowbound or abandoned and
providing a safe storage of such vehicles until their disposition,
by resolution ("towing fee schedule"). The towing fee schedule shall
be reviewed annually by the Montgomery Township Board of Supervisors
and may be changed at its discretion.
A.
The contractor shall provide properly licensed and
operating equipment capable of handling vehicles up to Class 8 (maximum
26,000 pounds).
B.
The vehicle must be able to be moved by the contractor
regardless of the vehicle's condition.
C.
The towing vehicles listed as being provided by the
contractor shall always be maintained in operating condition, or alternatively,
a suitable replacement shall be provided so that the contractor's
services will be available for the purpose and duration of the contract.
D.
In addition to the removal of vehicles, the contractor
shall clean up at the scene of any traffic crash, removing broken
glass, metal, and all debris as required by the Montgomery Township
police officer at the scene. Absorbent material shall be utilized
to remove any leaking fluids from vehicles involved in a crash or
disabled vehicles.
E.
The contractor shall provide services as needed, on
a seven-day-a-week, twenty-four-hour-a-day basis. One telephone number
shall be supplied to the Montgomery Township Police Department for
use in requesting service, which shall be available at all times.
The contractor must be available to release vehicles to owners Monday
to Friday 8:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 12:00 noon.
Outside of business hours, an additional gate fee may be charged.
F.
Contractors shall dispatch towing equipment in a timely
fashion to ensure that services are being provided within 20 minutes
of the assistance call from the Montgomery Township Police Department.
Failure to respond in the aforementioned time period will result in
the calling of an alternate towing agency.
G.
The contractor shall own or lease a salvage storage
yard within Montgomery Township, in a properly secured area, sufficient
in size for the storage of 20 or more vehicles. The area shall be
secured for the safe storage of towed vehicles and shall comply with
all other Township-related ordinances for the storage of vehicles
and shall be open for inspection by the Township and for pickup of
vehicles by owners, provided that they meet the conditions hereof.
Authorized person(s) seeking to recover a towed vehicle shall have
proper identification and shall be permitted to remove their vehicles
upon payment of proper fees.
H.
The contractor shall not charge more than the established
rate per the fee schedule. No fee shall be charged to the Township
for the towing of abandoned or salvage vehicles.
I.
If more than one contractor is selected, they will
work on a rotation basis prescribed by the Township.
J.
All complaints against a contractor will be investigated
and recorded. Any violation of the towing contract shall be sufficient
cause to suspend or terminate the contractor at issue. Suspension
or termination determinations shall be at the sole discretion of the
Township.
K.
The contractor shall acquire and maintain communications
(i.e., two-way non-police radio frequency) equipment that is compatible
with that used by the Police Department (i.e., cell phone). If the
contractor has not complied with this specification within 30 days
after the execution of the towing contract, then the appointment of
the contractor and the towing contract shall become null and void
and terminated upon written notice by the Township.
L.
(Reserved)
M.
If a vehicle owner or lessee or other authorized representative
of the owner or lessee requests the vehicle to be towed to another
location, the contractor shall advise the customer in advance of any
charges in addition to the towing fee schedule.
N.
If the contractor is called by the Montgomery Township
police to perform any other service(s), the contractor agrees to charge
only the amount designated in the towing fee schedule for such service(s).
O.
As required by the Pennsylvania Vehicle Code, Subsection
7301,[1] the contractor shall comply with the requirements of that
chapter, possess a salvor's certificate of authorization and be capable
of performing the duties of a salvor in a manner consistent with the
public interest. The contractor shall file a copy of salvor's certificate
of authorization with the Montgomery Township Police Department.
[1]
Editor's Note: See 75 Pa.C.S.A. § 7301.
P.
The contractor shall pay workers employed in the performance
of the towing contract not less than the prevailing minimum wage rate
as determined for various crafts or classifications by applicable
federal and state governmental agencies.
The provision of towing services within the
Township shall not be on an exclusive basis. The Township reserves
the right to execute towing contracts with multiple contractors. If
more than one contractor is selected, then the services to be performed
by the contractor shall be on a weekly, monthly, bimonthly, quarterly
or other basis as determined within the sole discretion of the Police
Department. The Police Department shall establish a schedule on a
rotating basis and provide each contractor with a copy thereof.
A.
The contractor shall have its principal place of business
and the equipment to be used in fulfillment of the Towing Contract
located in Montgomery Township.
B.
The contractor shall possess a Pennsylvania certificate
of authorization as a salvor.
C.
The contractor and its shareholders, officers, members
and directors shall not have been convicted of fraud, theft, receiving
stolen property and/or other dishonest business practices.
D.
The contractor shall have a clean business record
that withstands a police background investigation.
E.
The contractor shall supply a complete list of all
towing vehicles, setting forth a description of the make, model, towing
capacity, and license numbers so that the Montgomery Township Police
Department shall be able to properly identify the towing equipment
available.
F.
The contractor shall comply with the specifications
and all other terms of this chapter and other applicable law.
A.
The contractor shall be responsible for the care and
protection of all vehicles and their contents when towing or storing
vehicles for the Township and shall be required to procure and maintain
proper insurance coverage. The contractor shall supply five copies
of current certificates of insurance from companies licensed to do
business in the Commonwealth of Pennsylvania and acceptable to the
Township, as follows:
(1)
Workers' compensation insurance: workers' compensation
for its employees in accordance with statutory requirement of the
commonwealth.
(2)
Public liability: public liability insurance coverage
to include injury or damage caused directly or indirectly by it or
its employees for the limits as noted by the Township Solicitor. Such
insurance shall include coverage for bodily injury (each person);
bodily injury (each occurrence); property damage (each occurrence);
and garage keepers legal liability (all risk coverage each occurrence).
(3)
Vehicles: liability insurance for all vehicles with
the limits as noted by the Township Solicitor. Such insurance shall
include coverage for bodily injury (each person); bodily injury (each
occurrence); and property damage (each occurrence).
B.
The contractor shall ensure that Montgomery Township
shall be named as an additional insured on all insurance policies.
Thirty days notice of cancellation of any such policies shall be provided
to the Township.
C.
If the contractor receives notice of cancellation
or nonrenewal of any or all of the coverages set forth above, the
contractor shall notify Township in writing of such cancellation or
nonrenewal within two business days. Such notification shall be addressed
to the current Township Manager, Montgomery Township, 1001 Stump Road,
Montgomeryville, PA 18936 and forwarded either by certified mail,
return receipt requested, or personal delivery.
D.
The Township, at its option, may require the contractor
to cease all work under the Towing Contract until coverage acceptable
to the Township is obtained by the contractor.
If the contractor fails to comply with any of
the terms and conditions of the Towing Contract, the Township may,
upon 48 hours' written notice (by certified mail, return receipt requested,
or personal delivery), suspend or terminate the contractor at issue
and proceed as set forth in the specifications. In the event of such
termination, and at the cost and expense of the contractor, the Township
shall have the power to determine, at its sole discretion, that there
has been a default or violation by the contractor as to any of the
provisions of the Towing Contract.
The contractor shall enter into the Towing Contract
as prepared by the Township.
Class 9 heavy-duty vehicles (26,001 pounds to
30,000 pounds and above) shall be towed by qualified
tow companies designated and dispatched by the Montgomery Township
Police Department.
