[Added 4-9-2014 by Ord. No. 927]
It is the purpose and objective of this article 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 Board of Commissioners of the Township of Springfield
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").
(1)
The Township reserves the right to limit the number of towing service
contractors providing service on behalf of the Township.
(2)
Towing contractors must commit to serving on the rotation list for
the entire calendar year, January 1 through December 31.
(3)
Any modifications or changes to the towing service authorization
application must be immediately reported to the Springfield Township
Police Department, in writing.
(4)
The towing contractor will provide the Township with a minimum of
30 days' notice prior to ceasing towing operations.
(5)
All towing contractors authorized to do business or applying to do
business with Springfield Township shall comply with the following:
(a)
Complete a towing service authorization application on forms
to be provided by the Township.
(b)
Authorize a complete background check.
(c)
Must procure and maintain appropriate levels of insurance as
designated by the Township; Springfield Township shall be named as
an additional insured on all such policies required.
(d)
Must comply with applicable laws and regulations necessary for
the operation of a business that tows, stores, and/or disposes of
vehicles.
(e)
Execute an agreement with Springfield Township for vehicle towing
and storage (towing contract).
B.
Towing fee schedule. The Board of Commissioners of Springfield Township
shall adopt a fee schedule by resolution of the Board for the removal
of vehicles of all types that are damaged, disabled, snowbound, or
abandoned, and providing safe storage of such vehicles until their
disposition. The towing fee schedule shall be reviewed annually by
the Board of Commissioners and may be changed at the Board's discretion.
A.
The contractor shall provide properly licensed and operating equipment
capable of handling vehicles up to Class 4A (maximum 10,000 pounds).
B.
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.
C.
Disabled or damaged vehicles must be able to be moved by the contractor
regardless of the vehicle's condition.
D.
In addition to the removal of vehicles, the contractor shall be responsible
for removal of any broken glass, metal and debris at a motor vehicle
crash scene as required by the Springfield Township Police Officer.
Absorbent material shall be utilized to remove any leaking fluids
from vehicles involved in a crash or otherwise disabled. Debris shall
not be deposited into the towed vehicle.
E.
The contractor shall be available to provide services on a seven-days-a-week,
twenty-four-hours-a-day basis. One telephone number shall be supplied
to the Springfield Township Police Department/Montgomery County Emergency
Dispatch Services for the purpose of requesting service. The designated
telephone number shall be available to request towing services at
all times.
F.
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. Owners of vehicles requesting access to their property at all
other times may be charged an additional gate fee.
G.
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 Springfield Township Police Department. Failure to respond
in the aforementioned time period will result in the calling of an
alternate towing agency.
H.
The contractor shall own or lease a storage yard within Springfield
Township sufficient in size for the storage of 20 or more vehicles.
The area shall be properly secured for the safe storage of towed vehicles
and shall comply with all other Township regulations and ordinances
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
at designated times upon payment of proper fees.
I.
The contractor shall not charge more than the established rate for
work performed. No fee shall be charged to the Township for the towing
of abandoned or salvage vehicles.
J.
The towing contractor shall be responsible for Township related towing,
which includes, but shall not be limited to, towing for special events
and special police investigations that may yield nonpayment by vehicle
owner.
K.
In the event of a serious crash which requires a lengthy investigation,
the Police Department reserves the right to utilize a contractor of
its choice, in accordance with the investigation.
L.
The Township, at its discretion, may designate the method and procedure
for assigning towing services. The methods and procedures may include
a monthly rotation, assigned geographical area, or other manner as
determined by the Township. The towing contractors will be informed
as to which method of coverage is selected by the Township for implementation.
The method chosen is intended to result, as nearly as possible, in
the equitable distribution of calls to eligible towing contractors.
(1)
Monthly rotation procedure.
(a)
The authorized towing contractor will perform duties under the
terms of these regulations on a monthly rotation with any other towing
contractors that have entered into an agreement with Springfield Township.
(b)
County Dispatch will be provided with the rotation list.
(c)
In the event that a contractor does not respond to a phone call
from Dispatch, or if it does not respond to the scene in the prescribed
twenty-minute time span, an alternate towing contractor shall be called.
(d)
The Township reserves the right and retains full discretion
to deviate from the towing rotation when the driver or owner of a
vehicle requiring towing requests a specific contractor, and the vehicle
does not require immediate removal.
(e)
If a participating towing contractor withdraws from the list
during the year, it will not be replaced unless it is deemed necessary
by the Police Department.
(f)
If a participating towing contractor withdraws from the list
during the year, or fails to respond to three or more police requests
for service in a one-month period, the Township may preclude the contractor
from future eligibility and participation in the program.
(2)
Geographical area procedure.
(a)
The Township, at its discretion, may designate specific geographical
areas of responsibility for each towing contractor.
(b)
The assigned areas of responsibility will be communicated to
each towing contractor in writing.
(c)
County Dispatch will be provided with a map of the geographical
territories.
(d)
In the event that a contractor does not respond to a phone call
from Dispatch, or if it does not respond to the scene in the prescribed
twenty-minute time span, an alternate towing contractor shall be called.
(e)
The Township reserves the right and retains full discretion
to deviate from the geographical area when the driver or owner of
a vehicle requiring towing requests a specific contractor, and the
vehicle does not require immediate removal.
(f)
If a participating towing contractor withdraws from the list
during the year, it will not be replaced unless it is deemed necessary
by the Police Department.
(g)
If a participating towing contractor withdraws from the list
during the year, or fails to respond to three or more police requests
for service in a one-month period, the Township may preclude the contractor
from future eligibility and participation in the program.
M.
All complaints against a contractor will be investigated and recorded
by the Police Department. 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.
N.
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 applicable
charges that are in addition to those outlined in the Township's towing
fee schedule.
O.
If the contractor is called by the Springfield Township Police Department
to perform any other service(s), the contractor agrees to charge only
the amount designated in the towing fee schedule for such services(s).
P.
During the hours of 7:00 a.m. and 7:00 p.m. Monday to Friday, the
towing contractor shall not charge a fee for the towing of any vehicle
owned by the Township class 4A and below.
Q.
As required by the Pennsylvania Vehicle Code, Title 75, § 7301,
if the contractor is a licensed salvor, the contractor shall comply
with the requirements of that chapter, by possessing 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 the salvor's certificate of authorization with the
Springfield Township Police Department.
The assignment of towing services within Springfield 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, the services to be performed by the contractor
shall be on a monthly rotation, geographic or other basis as determined
within the sole discretion of the Township. The Police Department
shall designate the manner in which towing services shall be performed
and provide each contractor with a copy thereof.
No person shall solicit in any manner, directly or indirectly,
on the streets of the Township, the business of towing any vehicle
which is wrecked or disabled due to accident or police action on a
public street, regardless of whether the solicitation is for the purpose
of soliciting the business of towing, removing, repairing, wrecking,
storing, trading, or purchasing said vehicle.
A.
The contractor shall have its principal place of business and the
equipment to be used in fulfillment of the towing contract located
in Springfield Township.
B.
The contractor shall possess a Pennsylvania certificate of authorization
as a salvor or show an existing working relationship with a certified
salvor.
C.
The owner of the towing business, and/or any partners, shareholders,
officers, members and directors shall not have been convicted of any
felony, fraud, and/or other dishonest business practices.
D.
The contractor shall supply a complete list of all towing vehicles,
setting forth a description of the make, model, towing capacity, and
license plate registration numbers so that the Springfield Township
Police Department shall be able to properly identify the towing equipment
available.
E.
The contractor shall comply with the specifications and all other
terms of this article 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 minimum
insurance coverage as shall be set forth in a resolution of the Board
of Commissioners from time to time. The contractor shall, on an annual
basis, supply to the Township copies of current certificates of insurance
from companies licensed to do business in the Commonwealth of Pennsylvania.
B.
Springfield 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 insurance coverage required by the Township, the
contractor shall notify the Township in writing of such cancellation
or nonrenewal within two working days of such receipt. Such notification
shall be addressed to the Township Manager, Springfield Township,
1510 Paper Mill Rd., Wyndmoor, PA 19038, and forwarded either by certified
mail, return receipt requested, or personal delivery. Upon the effective
date of such cancellation or nonrenewal, the contractor shall cease
all work under the towing agreement until the required coverage is
obtained by the contractor.
D.
Any subcontractor retained by the towing contractor to provide services
or equipment on a temporary basis shall be required to maintain the
same insurance coverage required of the contractor and shall provide
evidence of insurance in a form acceptable to the Township prior to
commencing work hereunder.
If the contractor fails to comply with any of the terms or conditions
as set forth in this article, the Township may, upon 48 hours' written
notice, suspend or terminate the contractor at issue. Such notice
shall be provided by certified mail, return receipt requested, or
personal delivery. In the event of such termination, and at the cost
and expense of the contractor, the Township shall have the authority
to determine, at its sole discretion, that there has been a default
or violation by the contractor as to any provisions of the towing
contract.
The contractor shall enter into a towing contract as prepared
by the Township.
Class 4B vehicles having a gross vehicle weight rating of 10,001
pounds and above shall be towed only by qualified tow companies having
the requisite equipment necessary to perform such work in a safe and
workmanlike manner.
A.
The payment of any towing and impounding charges authorized by this
article shall be final and conclusive and shall constitute a waiver
of any right to recover the money so paid, unless such payment shall
have been made under protest.
B.
In the event that any towing and impounding charges so imposed shall
be paid under protest, the offender shall be entitled to a hearing
before a Magisterial District Judge, or court of record having appropriate
jurisdiction, in which case such defendant shall be proceeded against
and shall receive such notice as is provided in the Pennsylvania Motor
Vehicle Code in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing.
Any person, either by himself, herself, or agent, who shall
do any act or thing prohibited by the terms of this article or in
any way violate the provisions thereof, upon conviction, shall be
fined not more than $1,000 or imprisoned for a period not to exceed
90 days, or both such fine and imprisonment, and, in addition, loss
of towing privileges with Springfield Township. It shall not be necessary
for the complaint to allege or for proof to be made that the act was
knowingly done, nor shall it be necessary for the complaint to negate
any exception contained in this article concerning any prohibited
act, but any such exception made therein may be urged as a defense
by any person charged by such complaint.
The contractor shall provide a written indemnification to the
Township agreeing to indemnify, hold harmless and defend the Township
and its appointed and elected officials, officers, employees, agents
and other representatives, and their heirs, executors, administrators,
successors and assigns from any and all claims, causes of action,
suits, losses, liabilities, deaths, and/or damages arising from the
contractor's performance or nonperformance of the contractor's obligations,
including interest, court costs and attorney's fees.
