[1]
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Ord. 2006-14, as amended, was repealed 10/30/2017 by Ord. 2017-12.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]
1.
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:
A.
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.
B.
All statutory requirements and procedures applicable to the services
provided for in this Part which require competitive public bidding.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
