[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.