[Amended 5-19-2016 by Ord. No. 8-2016]
Tow company operators engaged in the practice of removing motor
vehicles from private or public property are governed by the Predatory
Towing Prevention Act, N.J.S.A. 56:13-7 et seq., (the "Act") and this
chapter. Appointments of towers shall be by contract for an initial
period commencing on or about April 1, 2016, and ending March 31,
2019. The governing body of the Township, at the beginning of each
three-year period, shall authorize a contract or contracts for the
appointment of towers to be called by the Burlington County Central
Dispatch at the request of or on behalf of the Public Works Department
or the Police Department on a rotating weekly basis. Each weekly period,
which shall begin at 12:01 a.m. on Mondays and end at midnight the
following Sundays, shall be assigned to a different tower, if more
than one tower is awarded a contract. An annual nonrefundable fee
of $300 shall be paid to the Township by each tower so authorized
each year prior to March 15. The appointment or appointments shall
be made after the submission of an application as hereinafter set
forth, and the review and recommendation of the same by the Business
Administrator, said appointment to be made by resolution of the Township
Council authorizing towing contracts. Any tower receiving appointment
shall be placed on a weekly rotation list, which shall entitle the
tower(s) to exclusive towing rights during the weekly rotation period.
In the event that the tower assigned to a particular rotation does
not respond to a call within the response time prescribed herein and/or
refuses to respond to a call, then the next tower on the list shall
be called during said rotation, but only for that particular incident.
The foregoing shall not be construed as authorizing a tower to fail
or neglect to meet any and all obligations pursuant to the contract
with the Township and/or this chapter. Tower(s) wishing to reapply
at the end of their three-year appointment will be required to complete
the application process again to include a $300 annual nonrefundable
fee submitted to the Township, if appointed. Applications for the
next three-year period shall be received no later than March 1 of
the third year of the preceding contract period.
A.
Any person interested in being placed on the aforementioned rotation
list shall submit an application on a form to be prepared by the Township
Administrator or designee, said form to contain at a minimum the information
specified herein. The applicant shall provide, at a minimum, the following
information:
[Amended 5-19-2016 by Ord. No. 8-2016]
(1)
List of required equipment and proof of ownership.
(2)
Experience of applicant with references.
(3)
Available personnel (employees).
(4)
Proper business and trade licenses and licenses of vehicles.
(5)
Tow trucks having two-way radio/cellular telephone capability with
a dispatching center on a twenty-four-hour basis.
(6)
Storage location setting forth capacity, contractor responsible for
safe storage area location, proof of ownership or lease of storage
area along with a survey certifying the square footage within the
surveyed area.
(7)
Insurance and proofs of required coverage.
(8)
List of stockholders. Only one tow service with substantially the
same owner (individual or family) and using the same equipment shall
be considered for a contract award.
(9)
Noncollusion affidavit.
(10)
Affirmative action affidavit.
(11)
Hold-harmless agreement.
(12)
Certification that the applicant is able to provide towing services
anywhere in the Township within 30 minutes of the initial call for
service by or on behalf of the Township.
(13)
Certification that the applicant shall provide towing services
on a twenty-four-hour-per-day, seven-day-per-week basis and will abide
by the fees set forth in this chapter.
(14)
Certification that the applicant shall consent to the appointment
of the Township Clerk as the applicant's true and lawful agent for
the purpose of acknowledging service from any court of competent jurisdiction
to be served against the applicant.
B.
Review of application. The Chief of Police shall conduct a background
check of the applicant and any employees to be utilized in the towing
and storage operation. The background check is to determine if either
the applicant or its employees have been convicted of a criminal offense
or have had their driver's license suspended or revoked. Conviction
of a criminal offense, including but not limited to fraud and theft,
or suspension of a driver's license within the three years immediately
preceding the first day of the contract period shall be cause for
the disqualification of being appointed to provide towing and impound
services. The Chief of Police or his designee shall conduct an inspection,
during the application period, of the employees, vehicles, equipment
and storage area proposed to be utilized by the applicant to verify
the accuracy of the information contained in the application and to
determine compliance with the applicable laws, regulations and standards
of performance required by this chapter. The Township shall obtain
a Better Business Service Bureau report and any other reports that
the Township Administrator may deem necessary. After a thorough investigation,
the Chief of Police shall recommend to the Township Administrator
whether an applicant should be appointed to provide towing service
to the Township of Pemberton in accordance with the terms and conditions
of this chapter and the towing contract to be prepared by the Township
Solicitor. The Township Administrator shall submit a resolution to
the Township Council requesting authorization to enter into contracts
with the selected towing operators.
C.
In the event that an applicant has been disqualified from appointment
for towing services, written notice shall be provided to the applicant
by the Business Administrator. The applicant may appeal said decision
to the Business Administrator no later than 15 days after the date
set forth on the written notice. Said appeal shall be in writing and
shall include the submission of any and all information in support
of the appeal. A decision on said appeal shall be rendered by the
Business Administrator within 15 days after receipt thereof.
By entering into a contract for towing services with the Township,
the tower agrees that all personnel and equipment used shall be and
remain the property of the tower, and in no event shall the property
or any employee of the tower be considered belonging to or employed
by the Township. The tower is in no way or sense an agent or employee
of the Township.
A.
The tower, by entering into contract for towing services with the
Township, agrees to assume the defense of and indemnify and hold harmless
the Township, its elected officials, boards, commissions, officers,
employees and agents from all suits, actions, damages or claims to
which the Township may be subjected, of any kind or nature whatsoever,
resulting from, caused by, arising out of or as a consequence of the
provisions of providing the services required by this chapter. Prior
to providing the towing services, the tower shall execute a form hold-harmless
agreement.
B.
The owner of the garage or the parking or storage location shall
also agree to indemnify and hold harmless the Township and its officers,
employees and agents from any and all suits and actions, damages or
claims arising out of the performance of the duties specified in this
chapter by executing a form hold-harmless agreement.
C.
The Township shall not be liable for any services whatsoever which
may be rendered by towers to motor vehicles, and the tower shall seek
payment only from the driver and/or owner of such vehicles for compensation.
This provision shall not apply in instances where the Township has
been at fault in wrongfully directing that a vehicle be towed.
