Township of Irvington, NJ Article I Towing Contractors

[Adopted 6-30-1992 by Ord. No. MC 2949 (Ch. 187, Art. I, of the 1981 Revised Code)]

§ 604-1 Statutory authorization.

A. N.J.S.A. 40A:11-5(1)(u) has been amended to allow motor vehicle towing and storage contracts without bids, pursuant to reasonable nonexclusionary and nondiscriminatory terms and conditions, which may include the provision of such services on a rotating basis.

B. N.J.S.A. 40:48-2.49 has been amended in the first paragraph thereof to allow a municipality to set forth nondiscriminatory and nonexclusionary regulations governing operators engaged in the removal and storing of motor vehicles, to include but not be limited to:

(1) A schedule of fees or other charges which an operator may charge vehicle owners for towing services, storage services or both.

(2) Minimum standards of operator performance, including but not limited to standards concerning the adequacy of equipment and facilities, availability and response time and the security of vehicles towed and stored.

(3) The designation of a municipal officer or agency to enforce the provisions of the chapter in accordance with due process of law.

(4) The requirement that such regulations and fee schedules of individual towers shall be made available to the public during normal business hours of the municipality.

C. N.J.S.A. 40A:11-15(22) has been amended to allow any contract awarded under the paragraph (u) above[1] for any term not exceeding three years.

[1] Editor's Note: See N.J.S.A. 40A:11-5(1)(u).

§ 604-2 Establishment of a list of eligible towers.

A. There shall be no more than two towing companies authorized to provide towing services to the Township of Irvington. Qualified towing contractors (hereinafter referred to as "contractors") shall be invited to submit proposals under this article to provide services for towing and storage of vehicles involved in accidents, stolen vehicles and other vehicles designated by the Irvington Public Safety Department, as set forth herein, 24 hours a day, seven days a week, in the Township of Irvington, in accordance with specifications set forth herein. Notice of request for proposals shall be placed in the Irvington Herald or other appropriate publication and by posting said notice conspicuously in the Irvington Town Hall.

[Amended 6-10-2008 by Ord. No. MC 3381; 9-20-2015 by Ord. No. MC 3551; 10-14-2015 by Ord. No. MC 3553]

B. Proposals shall be reviewed and investigated for compliance with the specifications set forth herein. All those contractors who meet the standards articulated in the specifications will be included on the list of eligible towers. Failure to comply with any specification in whole or in part may be grounds for elimination from consideration from inclusion on the list of eligible towers, as determined by the administration. The Irvington Municipal Council will certify the final list.

C. All such proposals shall be submitted to the Director of Public Safety or his designate, along with an application fee of $192.

[Amended 9-29-1992 by Ord. No. MC 2958; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]

§ 604-3 Designated municipal officer.

The Director of Public Safety or his designee shall serve as the designated municipal officer with authority to enforce the provisions of this article in accordance with due process of law. Complaints of violation of the conditions of this article shall be reviewed by the Director of Public Safety or his designate, and failure to comply with its terms and specifications shall be deemed grounds for revocation of a contract to tow and store motor vehicles and to remove the contractor in violation from the list of eligible towers.

§ 604-4 Basis for rotation.

[Amended 10-14-2015 by Ord. No. MC 3553]

If a contractor by virtue of its demonstrated ability to comply with the specifications of this article is added to the list of eligible towers, the contractor will be called and asked to provide towing and storage services by the Irvington Public Safety Department when the need arises. Contractors on the list will be called in succession and the names utilized in rotating fashion whenever jobs arise. If more than one vehicle is involved in an accident, the next tower in the rotation will be asked to take all the vehicles involved. If for some reason a contractor is unable to perform, completely perform or does not respond within a reasonable time, the Public Safety Department will go to the next contractor on the list. Once the police reach the last name on the list, the next contractor called for the next job shall be the first name on the list. The Township reserves the right, at its sole discretion, to call other towers not on the list in the event of an emergency.

§ 604-5 Necessity for contract.

Each contractor qualifying to have its name placed on the list of eligible towers must enter into a contract with the Township of Irvington, the basis of which is set forth in the specifications. Each contract shall be for a two-year period from the date of execution or as otherwise provided in the contract.

§ 604-6 Specifications.

A. Contractors qualifications.

(1) Any person, company or corporation applying for a place on the list of eligible towers must have at least five years' experience as a tower or as an employee in the towing of vehicles and vehicles storage in order to be considered.

(2) The Department of Public Safety shall conduct a background check of all applicants, employees and/or officers, and the conviction of a crime of moral turpitude shall disqualify the contractor.

[Amended 10-14-2015 by Ord. No. MC 3553]

(3) The contractor shall perform and conduct the work in compliance with the laws of the State of New Jersey and all applicable Township ordinances and pursuant to the directions of the officers, agents and representatives of the Township.

(4) Contractors must furnish copies of all contracts for the towing services to which it is currently a party.

(5) No contract contemplated by these specifications will be awarded to any prospective contractor if any of the contractors are officers or employees of the Township. The Township reserves the right to cancel or rescind any contract if the successful contractor is at any time during the contract period in violation of this section.

(6) All tow trucks must be licensed by the Township of Irvington and all other appropriate licensing agencies.

(7) If the contractor is associated with a body shop, repair facility, paint shop, salvage yard or recycling business, no fees shall be discounted in favor of or subsidized by such body shop, repair facility, paint shop, salvage yard or recycling business.

B. Employees.

(1) The contractor shall employ a sufficient number of employees to comply with the operational requirements of the Irvington Public Safety Department. Each contractor must submit a list of all current employees along with any plans to hire additional employees if awarded this contract.

[Amended 10-14-2015 by Ord. No. MC 3553]

(2) No person shall be employed by the contractor who has not been approved by the Irvington Public Safety Department.

[Amended 10-14-2015 by Ord. No. MC 3553]

(3) Each employee of the contractor shall be provided with a photo ID by the contractor, which shall be of sturdy construction and visibly worn by the employee.

(4) All equipment and personnel of the contractor are subject to inspection at all times by the Irvington Public Safety Department.

[Amended 10-14-2015 by Ord. No. MC 3553]

(5) Complaints of any kind relative to service, overcharging, theft, damage, discourteous behavior and the like are to be referred to the Director of the Irvington Public Safety Department for investigation and further referral to the appropriate department head for further action when necessary.

[Amended 10-14-2015 by Ord. No. MC 3553]

(6) The contractor and all of his employees shall be prohibited from using profane language in the course of their employment; and they are further prohibited from collecting or attempting to collect a fee, payment or charge other than provided for in these specifications and applicable ordinances. A breach of this condition by the contractor or its employees shall render this contract null and void at the Township's discretion.

(7) Tow truck operators of the contractor must be at least 18 years of age and have a valid New Jersey driver's license.

(8) Employees of the contractor are not to be represented as or be considered as employed by the Township.

(9) The contractor is solely and completely responsible for the conduct of his employees.

C. Wreckers.

(1) Each contractor must have three "flatbeds," which shall be defined as equipment capable of removing a vehicle from the surface upon which it is located to the bed of the tow trucks so as to avoid damage to certain motor vehicles which cannot be towed in the conventional manner due to air-lock suspension or the like. Wreckers used by the contractor must be of such construction and capacity that they will, with a combination of wreckers, be able to tow any type vehicle, including uprighted or overturned vehicles. These wreckers must be found satisfactory by the Director of Public Safety or his designee. "Tow vehicles" means only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment for transport of private passenger automobiles, including such other features as otherwise herein set forth.

[Amended 9-20-2015 by Ord. No. MC 3551]

(2) The contractor shall provide each wrecker with a shovel, broom and other equipment necessary to clean up broken glass and debris from the scene of an accident to which he is summoned and he shall be responsible for said cleanup, at no additional charge to the Township or parties involved in the accident.

(3) The contractor shall respond to all calls within 20 minutes under normal conditions. Any response beyond the 20 minutes required herein shall require a written explanation to the Township Attorney by the end of the next business day. He or she will then transmit such response to the Mayor and members of the Municipal Council Towing Committee. The failure to provide any explanation shall be grounds for termination of the vendor's services and a recommendation that said contractor is not reliable or responsible as regard to future contracts.

[Amended 6-10-2008 by Ord. No. MC 3381]

(4) Each contractor shall furnish with his, its or their proposal the following information with respect to the above-mentioned tow trucks and rollback flatbed truck: the make, model, year and registration number of each truck and a certified or photostatic copy of the registration of each truck. For leased trucks, the contractor shall be required to furnish with the proposal a copy of each said lease with the proposal.

(5) All tow trucks used and employed in towing the vehicles shall be kept in a clean condition and shall bear the name and address of the contractor embossed thereon.

(6) The contractor must equip each tow truck with a radio which would allow them to have two-way communication that will allow them to respond to all calls within 20 minutes, under normal conditions. Any substitution is subject to the review and approval of the Director of Public Safety.

(7) The contractor must have access to heavy-duty towing equipment and must attach a copy of an agreement to have the use of such equipment from an owner thereof, if such equipment is not owned by the contractor.

D. Specifications of wreckers.

(1) Each wrecker shall be equipped with one set of dollies.

(2) Each wrecker shall be equipped with a steering wheel lock for towing vehicles from the rear.

(3) Each wrecker shall be equipped with towing-sling-type tow bar rubber straps to lift the car so that no part of the metal of the wrecker touches the car.

(4) Each wrecker shall be equipped with a special motorcycle-type towing sling.

E. Land areas.

(1) The contractor shall show proof that he owns, leases or is under contract to own or lease a total minimum storage area which accommodates 500 vehicles. This storage area shall consist of no more than two permissible lots which will accommodate 500 vehicles. A deed, lease or contract shall be provided as evidence meeting the above requirement and a letter from the Township verifying that such use is permissible. The two storage areas referenced herein must be within 10 minutes of the Township's Police Headquarters. In the event that any of the chosen companies fails to meet the required standards set forth herein, the Township in its discretion may contract with an alternate vendor from the list it has available during the contractual period.

[Amended 6-10-2008 by Ord. No. MC 3381;9-20-2015 by Ord. No. MC 3551]

(2) There may be two or more storage areas, all of which must be within 10 minutes travel time from Police Headquarters, Civic Square, Irvington, hereinafter referred to as a "release area." Upon presentation of a release, there shall be no additional cost to the claimant of the vehicle, beyond the original cost for towing and storage.

(3) Any lease shall extend beyond the expiration of the proposed contract so that a sufficient amount of time is provided to allow for the disposal of vehicles.

(4) No vehicles covered herein shall be parked upon a public street or sidewalk except with the permission of the Director of Public Safety. All towed vehicles must be stored by the contractor within the storage area described in the proposal except with the permission of the Director. Each vehicle stored in violation of these specifications and without the permission of the Director of Public Safety shall be subject to a penalty of $10 per day per vehicle.

(5) Visual on-site inspections of the premises shall be made and the site approved before the award of the contract by the Department of Public Safety. All of the land proposed to be utilized by the contractor for storage must be level and clear of all debris and be clearly marked as of the date of award of the contract.

[Amended 10-14-2015 by Ord. No. MC 3553]

(6) For the purpose of property security, the entire land area must be enclosed by a fence sufficient to provide for security. The fence shall be of an open type to allow police units to observe any unusual activity and not less than six feet in height. The storage area shall be properly lighted during all hours of darkness to safeguard against criminal activity. The contractor shall be authorized to substitute equivalent security measures with the approval of the Director of Public Safety.

(7) Vehicles shall not be placed one on top of another without the express written permission of the Township Attorney.

(8) Additional storage area for use in the event of an emergency shall be provided by the contractor at his expense. Each contractor must list the additional storage area to be utilized, along with a letter authorizing such use by the property owner.

(9) The contractor should not have to remove more than four vehicles to retrieve a specific vehicle in the lot. Storage shall not be more than five deep. A sufficient amount of space shall be allowed for Public Safety Department access for proper identification of vehicles and shall comply with all relevant laws. A vehicle must be retrieved within one hour from the time the owner presents the contractor with a release and payment. A sufficient amount of space shall be allowed to enable the Public Safety Department to conduct an auction of vehicles from time to time, called a "staging area."

[Amended 10-14-2015 by Ord. No. MC 3553]

(10) The contractor will maintain an indoor storage facility sufficient to accommodate not fewer than three vehicles and 25 motorcycles and/or mopeds for safeguarding such vehicles subject to, among other things, impoundment or investigation or where such vehicles are subject to forfeiture pursuant to law. The contractor must submit proof that such storage area is secured pursuant to law and the rules of evidence. Such storage shall be at the direction of the Director of Public Safety or the Prosecutor of Essex County or Attorney General of the State of New Jersey or their appropriate designees, without cost to the Township in appropriate cases. If a vehicle is being held on official police investigation or Township investigation and said vehicle must be transported to another location for further investigation, such transportation shall be under the direction of the Director of Public Safety or his designees or other Township official, as the case may be. There shall be no additional charges for this service.

(11) The fee to be charged for private passenger automobile storage shall be governed by § 604-10, Service rates and charges, of this chapter.

[Amended 9-20-2015 by Ord. No. MC 3551]

F. Removing abandoned vehicles.

(1) An abandoned vehicle is considered to be a vehicle of any size, in any condition, abandoned anywhere within the Township (see N.J.S.A. 39:4-56.1 et seq.) on any street or public right-of-way, public or quasi-public place such as property owned by the Housing Authority, Board of Education, Public Library, public parks and playgrounds or other municipal-owned lot or property. The decision of the Director of Public Safety as to classification shall be considered final and binding on the contractor.

(2) Removal of an abandoned vehicle shall be performed under the direction and supervision of the Department of Public Safety on a 24 hours a day, seven days a week basis. All calls shall be answered within a twenty-minute period.

[Amended 10-14-2015 by Ord. No. MC 3553]

(3) Vehicles shall be disposed of under the laws and rules of the State of New Jersey. The contractor shall provide the Irvington Public Safety Department with a written list of all vehicles unclaimed and held in storage on the first business day of February, May, August and November of each year. Such list shall include a description of the vehicle, the VIN and registration numbers and the date on which the vehicle was placed in storage. The contractor shall fully cooperate with the Irvington Public Safety Department and the Township in connection with disposal of all abandoned vehicles for public auction.

[Amended 10-14-2015 by Ord. No. MC 3553]

(4) The contractor shall be responsible for each vehicle until the final disposition and removal as ordered by the Irvington Public Safety Department. Any vehicle that has been sold at the Township auction must be removed from the contractor's lot within 15 days after receipt of the title. The contractor shall indemnify and hold the Township harmless from any and all claims against the Township, including attorneys fees and costs arising out of the performance of the contract, including the storage and towing of vehicles, and the contractor's security and bond shall so provide.

[Amended 10-14-2015 by Ord. No. MC 3553]

(5) At the time of the application for titles on unclaimed vehicles, the Township shall determine if it will apply for junk title or true saleable title. If the Township determines to apply for a true saleable title and determines to utilize the vehicle for the Township business and registers it in the name of the Township, then and in that event the contractor shall waive any and all charges which may be due on the vehicle in question. If the Township obtains a true, saleable title and does not utilize the vehicle for its own purpose, said vehicle shall be sold at public auction to the highest bidder. The highest bidder shall pay all storage and towing fees prior to receipt of said vehicle. These fees shall be in addition to the amount of the bid. The purchase price paid shall belong solely to the Township.

G. Removing and storing other vehicles.

(1) Vehicles involved in accidents or otherwise disabled, stolen motor vehicles involved in suspected crimes and unregistered, illegally parked, uninsured and undocumented vehicles must be towed, stored and released only under the direction and supervision of the Irvington Public Safety Department. Vehicles shall be released between the hours of 7:00 a.m. and 6:00 p.m., Monday to Friday, and between 8:00 a.m. and 1:00 p.m., Saturday, Sunday and holidays, by the contractor. There shall be no release fees charged for releasing vehicles after normal business hours. The Public Safety Department will be available to issue releases during the aforesaid hours.

[Amended 10-14-2015 by Ord. No. MC 3553]

(2) The contractor shall further provide towing and emergency road service to Township vehicles, including tire changes, jump starts, winch services, installation of snow chains, accidents, breakdowns, insufficient fuel and other problems. Such services shall be made available to all Township vehicles, including sanitation vehicles.

(3) In the event that an owner arrives within 12 hours at the storage area with a proper release obtained from the Irvington Public Safety Department following a tow of a disabled vehicle, the owner shall only be charged for the tow and 1/2 the storage fee for storage. Any part of the first 12 hours shall be charged at 1/2 the normal storage fee.

[Amended 10-14-2015 by Ord. No. MC 3553]

(4) The contractor shall be required to furnish extra towing equipment and services during storm periods, periods of snow emergency, traffic emergency, disasters, any act of God or for any other reason, when so designated by the Mayor or his duly authorized representatives.

(5) With the exception of abandoned vehicles, all vehicles which are open at a window, roof, engine or trunk compartment must be immediately covered by the contractor so as to protect the vehicle from damage by the elements.

(6) Owners of vehicles shall not be charged or prevented from removing personal items, not an integral part of or affixed to the motor vehicle, if owners present themselves at the storage area with a release from the Public Safety Department.

[Amended 10-14-2015 by Ord. No. MC 3553]

H. Motorized bicycles. Motorized bicycles shall be towed by the contractor to the designated storage area, and all provisions pertaining to vehicles shall apply.

I. Records and inspection.

(1) The contractor shall maintain records of all vehicles towed, stored and released by him under this contractor. These records shall be kept for a minimum of six years.

(2) The contractor shall not release any vehicle without first obtaining a written release from the Irvington Public Safety Department.

[Amended 10-14-2015 by Ord. No. MC 3553]

(3) The Irvington Public Safety Department shall maintain an inspection record of all property found anywhere in the towed vehicles, including the trunk and glove compartment, when open or where a key is available. At the time of pickup of said vehicle, the contractor or his employees shall review said inspection record. The contractor or his employees, after review of said record with the Irvington Public Safety Department, shall initial the acceptance of said record as being complete and accurate.

[Amended 10-14-2015 by Ord. No. MC 3553]

(4) The Township or its designees shall have access to any part of the storage areas at any time for the purpose of inspection.

(5) Notification to owners of vehicles shall be performed by the Irvington Public Safety Department within a reasonable period of time.

[Amended 10-14-2015 by Ord. No. MC 3553]

J. Charge for services.

(1) Fees for private passenger vehicles damaged in an accident or recovered after being stolen may not exceed the fees established by § 604-10, Service rates and charges, of this chapter.

[Amended 9-20-2015 by Ord. No. MC 3551]

(2) All Township vehicles will be towed, stored or otherwise serviced at a flat rate of $1 per vehicle.

(3) All vehicles as described in Subsection G above, excepting passenger motor vehicles stolen or damaged in an accident as covered by N.J.A.C. 11:3-38, shall be towed and stored, if necessary, at the rates reference below in § 604-10, except that vehicles held for police investigation shall be towed and stored at no charge. All vehicles described in Subsection F, Removing abandoned vehicles, will be towed and stored, if necessary, at rates referenced below in § 604-10.

[Amended 9-15-2015 by Ord. No. MC 3552]

(4) The daily storage charge may be imposed after 12 hours have elapsed from the time the vehicle has been towed.

(5) The contractor may charge storage fees for a maximum of 180 days. After 180 days no further storage fee will be charged, except in extraordinary circumstances.

(6) If an owner arrives at a scene of a tow and his or her vehicle is hooked up to a tow vehicle, the vehicle must be released on the spot for a fee of $25. If the vehicle has not been hooked up, then there shall be no charge to the owner or driver.

[Amended 3-9-2004 by Ord. No. MC 3257]

(7) All charges shall be posted conspicuously at the contractor's premises and shall be prominently displayed on bills for services rendered.

(8) Towing and storage charges shall be waived by the contractor upon the request of the Township Attorney.

(9) The contractor must accept cash and approved Visa or Master Card as payment for towing and storage charges and must provide the owner or operator of a motor vehicle with a receipt for any fees paid to the contractor, regardless of the method of payment, cash or credit card.

(10) The contractor shall prepare a bill for charges pertaining to such vehicle and present it to the claimant of a vehicle; also, a duplicate must be maintained by the contractor for open inspection by the Public Safety Department.

[Amended 10-14-2015 by Ord. No. MC 3553]

(11) The Township will not be responsible for charges due and owing from a claimant of a vehicle, nor will it assist the contractor in collecting such charges. The contractor shall make no claim or collect any money for towing or storage fees when the only party responsible or liable for such fees is the Township of Irvington.

(12) All money received from an auction will be deposited with the Township Treasurer, who will then release the proper amount to the contractor upon presentation of his bill through the Township Purchasing Agent. Should the total bill be in excess of the money realized at the auction, the contractor agrees to accept this latter amount in full payment of his bill. If the amount realized at the auction is in excess of the total bill, then the contractor shall be paid in full and the money remaining shall become the property of the Township. The title fee which the Township must pay to the State of New Jersey for the title certificates shall be passed on to the purchaser at the auction, even if the contractor is the purchaser, and shall be in addition to the bid price.

K. Insurance.

(1) The contractor shall secure and furnish to the Township of Irvington a noncancelable public liability and property damage insurance certification, naming the Township of Irvington as coinsurer in an amount not less than $1,000,000 for each person and $3,000,000 each accident and $500,000 property damage. In addition, proof of worker's compensation insurance must be provided and automobile insurance for bodily injury of not less than $300,000 per person, $500,000 per accident and property damage liability insurance of not less than $25,000 for each accident; in addition, proof of garage liability in the amount of no less than $1,000,000 combined single limit and garagekeepers liability in an amount not less than $60,000 per location. These items are required prior to execution of this contract.

(2) The contractor agrees to hold the Township of Irvington harmless from any and all claims or suits arising by virtue of the furnishing or delivery of the aforementioned services.

(3) The contractor shall secure and furnish to the Township of Irvington an insurance certificate endorsed to provide collision coverage for vehicles in tow.

(4) All insurance provided by the contractor must be with an insurance company licensed by the State of New Jersey and acceptable to the Township of Irvington.

L. Miscellaneous requirements.

(1) The contractor must comply with the mandatory affirmative action requirements under N.J.A.C. 17:27 and indicate its willingness to comply with the language of this provision by execution of forms as set forth by the Township Purchasing Agent.

(2) The contractor must also execute all other documents prepared by the Township Purchasing Agent, setting forth the names and addresses of all stockholders in the corporation, or partners in the partnership, who own 10% or more of its stock, or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be.

(3) The contractor must comply with other reasonable requests for documentation from the purchasing agent designed to disclose the business reputation, its business organization, ability to perform and willingness to comply with the laws of the State of New Jersey. Each contractor may be required to enter into a formal written contract within 10 days after the establishment of the list or as soon thereafter as said contract shall be drawn by the Township Attorney. Said contract shall contain, among other things, the following: The contractor shall furnish at the time of execution of contract a surety performance bond to the Township of Irvington in the amount of the projected value of the contract, said bond to be executed by the contractor as principal, and said bond to be in such form satisfactory and acceptable to the Township Attorney. This bond will be given in compliance with the requirements of the statutes of the State of New Jersey in respect to bond contractors on public works. Revised Statutes of New Jersey, 1937, N.J.S.A. 2A:44-143 through 2A:44-147 and amendments thereof, and liability hereunder is limited as in said statutes provided.

(4) An agreement by said contractor to save harmless the Township of Irvington and all of its employees, from any and all claims or suits arising by virtue of furnishing or delivery of such commodity or services.

(5) That the contractor will comply with the provisions of all applicable State of New Jersey Statutes, all ordinances of the Township of Irvington, and all applicable requirements of the Occupational Safety and Health Acts.

(6) It is the intent of the Township of Irvington that any purchases and contracts made pursuant to specifications and all acts connected with said purchases shall be controlled by the Township of Irvington.

(7) Should any dispute arise respecting true interpretation or meaning of these specifications, the same shall be decided by the Purchasing Agent of the Township of Irvington, in conjunction with the Township Attorney and the Public Safety Department, and such decision shall be final and binding.

[Amended 10-14-2015 by Ord. No. MC 3553]

(8) Damage to property. If any property owned by the Township of Irvington is damaged by the equipment or employees of the contractor, the contractor shall be liable for the cost of the repairs necessary on account of such damage, and the right is reserved to deduct such cost from any sum or sums that may be due or become due to the contractor.