[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
It is the purpose and objective of this article to enable the
Council of Plymouth Township to provide for the removal of damaged,
disabled or snow-bound vehicles of all types that have been deemed
a hazard to the motoring public within the Township or for towing
required by necessary, lawful and appropriate law enforcement actions
within the Township, and to provide a safe storage of the vehicles
until their disposition.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
(a)
Towing contract. The Council of Plymouth Township is hereby 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 or snow-bound, or for towing
required by necessary, lawful and appropriate law enforcement actions
within the Township, and providing a safe storage of such vehicles
until their disposition ("towing contract").
(b)
Towing fee schedule. The Council of Plymouth Township shall adopt
a fee schedule for the removing of vehicles of all types that are
damaged, disabled or snow-bound, or for towing required by necessary,
lawful and appropriate law enforcement actions within the Township,
and providing a safe storage of such vehicles until their disposition,
from time to time, by resolution ("Towing Fee Schedule"). The Towing
Fee Schedule may be reviewed annually by the Township and may be changed
at its discretion.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
The contractor shall comply with the following specifications:
(a)
The contractor shall provide properly licensed and operating equipment
capable of handling any and all types of vehicles which require towing
services ("towing vehicles"). A list of said towing vehicles shall
be submitted to the Police Department.
(b)
Vehicles must be able to be moved by the contractor regardless of
their state of damage.
(c)
The towing vehicles shall be maintained in good operating condition
or a suitable replacement made so that the listed vehicles will be
available for the purposes of and the duration of the towing contract.
(d)
In addition to the removal of vehicles, the contractor shall clean
up at the scene of any accident, removing hazardous substances, broken
glass, metal and other debris as required by the officer of the Police
Department in charge of the accident scene. Proper equipment for such
cleanups, including oil-drying chemicals, brooms and shovels, shall
be carried on all of the contractor's responding towing vehicles.
(e)
The contractor shall provide services as needed, on a seven (7) day
a week, twenty-four (24) hour a day basis. One telephone number shall
be supplied to the Police Department for use in requesting service,
and this telephone shall be available at all times.
(f)
The contractor shall dispatch towing vehicles in a timely fashion
to insure that such vehicle is on the scene within fifteen (15) minutes
of the call for assistance from the Police Department. Failure to
respond in the aforementioned time period will result in the calling
of an alternate tower, and shall be a contractor default under the
towing contract.
(g)
The contractor shall own or lease a storage area within the boundaries
of Plymouth Township, in a properly zoned area, sufficient in size
for the storage of at least twenty (20) vehicles, The area shall be
secured with a locked gate and surrounded by a fence that is at least
six (6) feet in height. If the contractor has not complied with this
specification within thirty (30) days after the date of a towing contract,
then the appointment of the contractor and the towing contract shall
become null and void and terminated upon written notice by the Township.
This area shall comply with all related Township ordinances for the
storage of vehicles and shall be open for inspection by Township officials
and for the pickup of vehicles by owners, provided they meet the conditions
hereof. Authorized person(s) seeking to recover a towed vehicle shall
have proper identification and the Plymouth Township Police Towing
Release and shall be permitted to remove their vehicles upon payment
of proper charges in accordance with the Towing Fee Schedule, either
by cash or credit card, between 8:00 a.m. and 8:00 p.m. on a seven
(7) day a week basis. The daily storage fee shall be assessed on a
twenty-four (24) hour basis that commences at the time of the tow.
The Plymouth Township Police shall have access to any towed vehicle
on a twenty-four (24) hour basis. If a towed vehicle is not released
under the above-stated conditions, the contractor shall be in default
under the towing contract.
(h)
The contractor shall pay to the Township an annual license fee established
from time to time by resolution of the Council of Plymouth Township.
(i)
The contractor shall not charge a fee for the towing of any vehicle
owned by Plymouth Township.
(j)
The contractor shall maintain 24-hour communications with the Police
Department. If the contractor has not complied with this specification
within thirty (30) days after the date of a towing contract, then
the appointment of the contractor and the towing contract shall become
null and void and terminated upon written notice by the Township.
(k)
The contractor shall not give advice in any manner regarding any
person, company or entity that performs vehicle repairs regarding
vehicles towed by the contractor.
(l)
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 charges
in addition to the Towing Fee Schedule.
(m)
If the contractor is called by the Plymouth Township Police to perform
any other services(s), the contractor agrees to charge only the amount
designated in the Towing Fee Schedule for that (those) specific service(s).
(n)
As required by Subsection 7301 of the Pennsylvania Vehicle Code,
the contractor shall comply with the requirements of that chapter,
possess 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 its/their salvor's
license with the Police Department.
(o)
All complaints against the contractor will be investigated and recorded.
Any one or more violations may result in a contractor default and
termination, within the sole discretion of the Township.
(p)
The contractor shall pay workmen employed in the performance of the
towing contract not less than the prevailing minimum wage rate as
determined for various crafts or classifications by applicable federal
and state governmental agencies.
(q)
The contractor shall have operators with National Wreckmaster Certification
Level 2-3 on duty and Level 4-5 heavy duty operators available.
(r)
The contractor shall have one (1) 20-ton wrecker with a chassis gross
vehicle weight (GVW) of 33,000 pounds. Additionally the contractor
shall have available one (1) 30-ton wrecker with a chassis GVW of
50,000 pounds. Both vehicles will have state of the art under reach
capability.
(s)
The contractor, its officers and shareholders must remain current
on all taxes due to Plymouth Township, Montgomery County, the Commonwealth
of Pennsylvania and the United States government. This will include
income taxes, including but not limited to payroll taxes, real estate
taxes, sales and use taxes and all other taxes. Any delinquency in
taxes will be a default under this contract and will result in termination
of this contract. Contractor must provide evidence acceptable to the
Township of compliance with this requirement on or before May 1 of
each year. In addition, if the Township becomes aware of or has a
reason to believe that a delinquency exists, additional verification
will be required of the contractor. Further, evidence of compliance
must be provided prior to execution of this contract.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
The provision of towing services within the Township may or
may 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, then the services to be performed by the
contractor shall be on a monthly, bimonthly, quarterly or other basis,
as determined within the sole discretion of the Police Department.
The Police Department shall establish a schedule on a rotating basis
and provide each contractor with a copy thereof.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
In addition to the specifications under Sec. 19-63, above:
(a)
The contractor shall have its principal place of business and towing
vehicles to be used situated in Plymouth Township, Montgomery County,
Pennsylvania.
(b)
The contractor shall supply a complete list of all towing vehicles,
giving a description of the make, model, towing capacity, and license
numbers, so that the Police Department will be able to identify the
equipment available to it.
(c)
The contractor shall have a clean business record that would withstand
a police background investigation.
(d)
The contractor and its shareholders, officers and directors shall
not have been convicted of fraud, theft, receiving stolen property
and/or other dishonest business practices.
(e)
The contractor shall comply with the specifications and all other
terms of this article.
(f)
In conjunction with the above listed subsections, the contractor
will also be of good standing and good reputation in the community.
Good standing shall include, but not limited to, the contractor shall
not have negative police contacts in matters of a serious nature,
no active warrants of arrest and no involvement in business practices
that would reflect poorly on either the contractor or Plymouth Township.
(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 proper
insurance coverage. The contractor shall supply five copies of current
certificates of insurance from companies licensed to do business in
the Commonwealth of Pennsylvania and acceptable to the Township as
follows:
(1)
Workers' compensation insurance. Workers' compensation insurance
for its employees in accordance with statutory requirements of the
Commonwealth. The contractor shall execute an affidavit accepting
the provisions of the Workers' Compensation Act of 1915, as amended.
(2)
Public liability insurance. Public liability insurance covering
the contractor, its subcontractors and the Township for injury or
damage caused directly or indirectly by it or its employees for the
following limits:
|
Coverage
|
Limit
|
|---|---|
|
Bodily injury — each person
|
$1,000,000
|
|
Bodily injury — each occurrence
|
$1,000,000
|
|
Property damage — each occurrence
|
$1,000,000
|
|
Garage keeper's legal liability (all risk coverage — each
occurrence)
|
$300,000
|
(3)
Vehicles. Liability insurance for all vehicles with the following
limits:
|
Coverage
|
Limit
|
|---|---|
|
Bodily injury — each person
|
$1,000,000
|
|
Bodily injury — each occurrence
|
$1,000,000
|
|
Property damage — each occurrence
|
$1,000,000
|
(b)
Plymouth Township shall be named as an additional insured on such
policies. Thirty (30) days' notice of cancellation of any such policies
shall be provided to the Township.
(c)
A subcontractor retained by the contractor to provide services shall
be required to maintain the insurance coverages required of the contractor
and shall provide evidence of insurance acceptable to the Township
prior to commencing work hereunder.
(d)
If the contractor receives notice of cancellation or nonrenewal of
any or all of the coverages set forth above, the contractor shall
notify the Township of such cancellation or nonrenewal within two
working days of such receipt. The contractor shall cease all work
until coverage acceptable to the Township is obtained by the contractor.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
Prior to the issuance of the towing contract, the contractor
shall deposit with the Township the sum of one thousand ($1,000.00)
dollars in cash to be held as a guarantee for faithful performance.
In the event that the Township gives notice of failure to properly
perform and in the further event the contractor fails to comply with
the terms of said notice, in addition to any and all remedies of the
Township at law or equity, the actual cost incurred by the Township
for performance of the duties required shall be deducted from the
deposit and paid to the Township to remedy the contractor's default.
Should the amount of the deposit diminish to an amount less than five
hundred ($500.00) dollars, then upon direction of the Township Manager
or the Township Chief of Police, the contractor shall be required
to increase the deposit to the original sum of one thousand ($1,000.00)
dollars within five (5) days of written notice.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
In the event of the failure of the contractor to provide the
work required, the Township may, upon 24 hours' written notice by
certified mail, return receipt requested, declare the contractor in
default and terminate the towing contract. The Township shall have
the right, but not the obligation, to make arrangements for the towing
of vehicles at the cost and expense of the contractor. The Township
shall have the power to determine, at its sole discretion, whether
there has been a default or violation by the contractor.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
In the event the contractor is required to hire subcontractors
to assist in the performance of any obligation, the contractor shall
alone be liable for payment to the subcontractor for services rendered.
The contractor shall not hire a subcontractor to assist in the performance
of contractor's obligations under the Township contract without the
prior written consent of the Township.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
The contractor's charges for services rendered by the contractor
shall be submitted directly to the owner or lessee of the vehicle
involved, in consideration for the work performed by the contractor.
The Township shall not be responsible for or pay any of the charges,
costs or consideration. The prices for towing services shall be pursuant
to the Towing Fee Schedule.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
When a snow emergency has been declared by the Township, and
nonaccident vehicles are towed by police order, then the towing charge
shall be as set forth in the Towing Fee Schedule. In addition, all
vehicles towed under this provision shall not be assessed the administrative
towing fee.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
The term of a towing contract shall not be for more than three
(3) years. The Township may, within its sole discretion, renew such
towing contract for any period from one (1) month to one (1) year
by providing written notice thereof to the contractor not less than
sixty (60) days prior to the end of the initial term of an agreement.
Notwithstanding anything to the contrary contained herein, the Township
may terminate the towing contract and the services rendered under
such a towing contract upon written notice to the contractor at any
time with or without cause. The effective date of the termination
shall be set forth in the notice.
[Ord. No. 1427, 8-9-2004; Ord. No. 1662, 7-13-2020]
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 attorneys' fees.
