It shall be the Chief of Police or his/her designee's responsibility
to establish a towing contractors' rotating service list. The
Police Department shall call the towing operators in sequential order
as set forth by the Chief or his designee so that each towing operator
will be given the opportunity to respond to individual calls as received
by the Borough. The Police Department shall have the right to call
the next towing contractor on the list should a towing contractor
fail to respond to a call within 20 minutes or if the first operator
called cannot be reached by telephone or advises that he/she is unable
to respond. The towing contractor shall provide a valid and working
afterhours contact number as well as any alternate numbers to be contacted.
In all dealings with the public in connection with an agreement,
representatives of the towing contractor are expected to act in a
professional manner at all times and be courteous and respectful to
members of the public. While members of the public, especially those
whose vehicles may have been towed or impounded, may at times resort
to strong language, threats or unbecoming behavior that may be directed
to the representatives of the towing contractors, such towing contractor
representatives are expected to exercise restraint and shall not respond
in kind, thereby causing an unfavorable reflection on their business.
If such instances occur, the Franklin Borough Police Department should
be contacted to keep the peace and provide advice on legal proceedings,
if requested.
The owner of any vehicle towed shall have the right to remove
personal property belonging to him from the stored vehicle unless
a "police hold" is marked on the towing form upon mutual agreement
of the towing contractor and the owner of the vehicle.
Towing contractors will indemnify and hold Franklin Borough
harmless from any and all claims for personal injury or property damage
against Franklin Borough arising out of the operation of any towing
services or repair services performed under their respective agreements.
Towing contractors will further defend Franklin Borough at the expense
of the towing contractors in connection with any claim, demand, suit
or action brought against the Borough and arising out of the operation
of any towing, garage or repair services under any agreement. Said
indemnification shall include but not be limited to the defense of
all lawsuits relating to the towing of any vehicle by any party, the
payment of any judgments relating thereto against the Borough, and
the cost of the suit, including investigation costs.
Each towing contractor shall provide proof of insurance to Franklin
Borough as follows:
A. On all liability policies required of towing contractors, Franklin
Borough shall be named as an additional insured, and insurance certificates
shall indicate such coverage.
B. All insurance required shall contain a clause indicating that the
Franklin Borough Police Department at 46 Main Street, Franklin, New
Jersey shall be notified of any changes, cancellations, etc.
C. Towing contractors are required to purchase and maintain comprehensive
general liability insurance, comprehensive automobile liability insurance,
and worker's compensation insurance with limits of not less than
those set forth below. Failure to provide and continue in force such
insurance as required below shall be deemed a material breach of agreement
and shall result in immediate termination of any agreement for towing
services.
(1) Comprehensive general liability insurance. The limits of liability
shall be not less than $1,000,000 for combined single limits (bodily
injury and property damage) per occurrence and aggregate, including
premises, operations and products/completed operations.
(2) Automobile liability insurance. The limits of liability shall be
not less than $1,000,000 for combined single limits (bodily injury
and property damage) per occurrence. Note: Liability insurance policies
shall be specifically endorsed to provide collision insurance for
vehicles in tow.
(3) Worker's compensation insurance. Statutory coverage including
liability coverage with a limit of at least $500,000.