Township of Kingston, PA
Luzerne County
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Editor's Note: Former Part 9, Towing, adopted 1/10/2007 by Ord. 2006-14, as amended, was repealed 10/30/2017 by Ord. 2017-12.
[Ord. 2017-10, 11/8/2017]
The Board of Supervisors of the Township of Kingston is hereby authorized to engage by contract a Pennsylvania qualified professional motor vehicle towing service entity (hereinafter referred to as "tower") to provide motor vehicle towing services located in the Township of Kingston.
[Ord. 2017-10, 11/8/2017]
In addition to general motor vehicle towing services, the tower shall remove and clean up any and all debris, all motor vehicle objects or parts detached from any disabled motor vehicle, and all liquids or fluids therefrom lying upon or near to the public street, road or highway where an accident or the disability of a motor vehicle has occurred. Further, it must remove, carry away, and dispose of the foregoing materials as soon as possible in a proper and acceptable manner.
[Ord. 2017-10, 11/8/2017]
The tower shall act, in all respects, as an independent contractor hired by the Township of Kingston. It shall be the exclusive provider of all motor vehicle towing services in the Township of Kingston.
[Ord. 2017-10, 11/8/2017]
Every contract for the engagement of a tower to be solicited and awarded by the Township of Kingston pursuant to this Part shall comply in every respect with the following:
The statutes and regulations of the Commonwealth of Pennsylvania applicable to the retention by a municipality of the tower shall comply with all aspects of municipal procurement or acquisition of services contemplated by this Part.
All statutory requirements and procedures applicable to the services provided for in this Part which require competitive public bidding.
All federal, state and local laws, ordinances, administrative procedures and regulations, which govern the performance of towing services by the tower, its employees or agents, this Part and, generally, motor vehicle towing activities in the Commonwealth of Pennsylvania, together with any orders and decrees which may have been promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the work, materials, and/or employees of the tower.
All provisions of the Pennsylvania Motor Vehicle Code and any other applicable statutes and regulation(s) of the Commonwealth of Pennsylvania relating to the towing and salvaging of motor vehicles in the Commonwealth of Pennsylvania.
All provisions and regulations related to the work performed by the employees of the tower and all materials handled and equipment used on behalf of the Township of Kingston shall comply with the Federal Occupational Safety and Health Act ("OSHA") and any other governing federal, state or local safety or environmental codes.
All rules, regulations, and statutes of the United States and the Commonwealth of Pennsylvania relating to discrimination against any employees or applicants for employment because of race, color, religion, sex, age, creed, national origin, or handicap. The tower with which the Township of Kingston shall contract hereunder shall comply with all state and federal regulations and statutes in respect to nondiscriminatory employment practices.
All comprehensive general liability insurance policies and all automobile liability insurance policies secured by the tower for services rendered hereunder shall name the Township of Kingston, its officers, agents and employees, as additional insureds. This coverage shall be reflected on all of the certificates of insurance issued in regard to motor vehicle towing services performed in the Township of Kingston.
[Ord. 2017-10, 11/8/2017]
The provisions of this Part are declared to be severable; and if any section, subsection, sentence, clause or part thereof is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of any remaining sections, subsections, sentences, clauses or part of this Part.