(A) Standards for tower personnel.
(1) The tower shall have a sufficient number of employees available to comply with the minimum operational requirements of this chapter. The number of employees on duty, on call and available to respond 24 hours a day, seven days a week shall not be less than three qualified individuals.
(2) No person shall be utilized for towing or perform any services under this contract unless the Township has obtained a criminal background and motor vehicles records check and the individual has been granted approval by the Chief of Police. A driver shall be automatically disqualified where the individual has been convicted of a crime of the fourth degree or higher. Any driver convicted of a disorderly person's offense shall be authorized at the discretion of the Chief of Police taking into account the nature of the crime, the date of the event and efforts taken by the individual to make societal amends.
(3) The tower shall submit with the application to the Township the names and addresses, driver's abstracts and criminal history authorization forms of all proposed drivers and employees who will be rendering service under this contract on behalf of the tower. This information will be kept current to the Township by the tower.
(4) Background checks will be performed internally by the Voorhees Police Department as well as through the New Jersey State Police through a fingerprint system. Applicants will be required to use forms (provided from the Police Department and specific to each individual listed on the application) to obtain fingerprint background checks through the then current state vendor. All costs associated with the fingerprint background check will be borne by the applicant.
(5) All tower/operators shall be over the age of 18 years and must have a valid, current New Jersey driver's license with no restrictions or conditional endorsements except condition requiring glasses. All commercial driver licenses requirements must be met to operate commercial driver's license equipment. The applicant will provide a certified motor vehicle abstract for each driver listed on its application. The abstract must have been prepared by the New Jersey Division of Motor Vehicles within 45 days of submission to the Police Department. All costs associated with obtaining motor vehicle abstracts will be borne by the applicant.
(6) Upon completion of an annual criminal and motor vehicle background check, each passing employee shall be issued a photo identification badge from the Chief of Police. Said badge must be worn at all times by the tower when performing a tow operation for Voorhees Township. The tower shall pay $25 for each tag issued or replaced. Upon the employee's separation with the tower, the tower shall return the tag of the former employer to the Police Department. In the event the employee responds to a dispatch without wearing the Township issued tag, the tower may be turned away at no cost to the Township and the tower will be subject to the provisions of this chapter.
(7) It shall be the responsibility of the tower to require that their employees/tow operators are competent, efficient, courteous and knowledgeable in the legal and technical requirements of emergency towing and/or recovery of vehicles. A program of continuing in-service training for driver operators is mandatory, such as a national certification (TRAA level I, II or III). Towers shall be active members in good standing of the Garden State Towing Association and/or the Wrecker Towing Association and provide proof of same at the time of submission of the application.
(8) It shall be the responsibility of the tower to insure that all tow truck operators who respond to incident scenes receive training in the recognition of and the response to hazardous materials prior to
towing in Voorhees Township. Employees shall be outfitted in a standard uniform and be equipped with DOT and ANSI approved Level III traffic safety vests to be worn at all times while actively engaged in vehicle removal.
(9) The tower shall be solely responsible for all requested tows and shall not sub-contract or sub-lease tows or personnel. The Chief of Police shall have the authority to permit such actions based upon a set of conditions that create an emergent circumstance.
(B) Standards for equipment.
(1) The Township shall establish two lists of towers: the primary list shall include both limited and full capacity towers. The secondary list shall be for full capacity towers only. The tower shall have sufficient equipment to tow any size vehicle utilizing the highways, streets and roads in the Township of Voorhees for the type of tow contract requested in the application. The minimum requirements for full capacity towers are one heavy-duty large-capacity wrecker minimum of 25-ton capacity, one medium-duty wrecker minimum of ten-ton capacity and two light-duty flatbeds, minimum four-ton capacity. The limited capacity towers shall meet these vehicle requirements minus the heavy-duty large-capacity wrecker and the medium-duty wrecker. All vehicles must be in compliance with all safety standards and equipment required as listed in N.J.S.A. 39:3-43 et seq. including emergency lights, equipment, reflectors/flares and permits. Tower's name shall be prominently displayed in such a manner to conform to the provisions of N.J.S.A. 39:4-46. The specifications are as follows:
(a) Heavy duty.
1. Minimum of 25 ton capacity.
2. Air brakes.
3. Minimum 1,100 by 22.5 tires with dual rear wheels.
4. Air fittings for releasing air-pressure-lock brakes on dump trucks and tractor trailers.
5. Under reach capabilities.
6. All required ICC safety equipment must be carried.
7. Must meet or exceed all federal and New Jersey Division of Motor Vehicle requirements.
8. Portable safety lighting to be installed on rear of towed vehicle.
9. Off-side truck winching.
(b) Medium duty.
1. Minimum ten-ton capacity.
2. Minimum 1,100 by 22.5 tires with dual rear wheels.
3. Chassis requirements should be ten tons gross weight.
4. Steering wheel lock for towing vehicles from the rear.
5. Wheel lift under reach capacity.
6. All ICC safety equipment must be carried.
7. Must meet or exceed all federal and New Jersey Division of Motor Vehicle requirements.
(c) Light duty.
1. Minimum of four-ton capacity.
2. Chassis requirements for a flatbed should be 19,500 pounds gross vehicle weight and dual rear tires.
3. At least two vehicles to be flatbeds.
4. Chassis requirements for a wrecker should be at least 10,000 pounds gross vehicle weight and dual rear wheels.
5. All ICC safety equipment must be carried.
6. Must meet or exceed all federal and New Jersey Division of Motor Vehicles requirements.
7. Wheel lift capacities for wrecker and flatbed. No tow bars allowed.
(2) At the time of the submission of the application, the tower shall submit proof satisfactory to the Township and the Police Department of ownership of the required vehicles. Adequate proof shall be proof of ownership by recorded title of the required number of vehicles necessary to meet the chapter requirements or executed lease/rental agreement for the equipment required extending six months beyond the length of the term. Failure to submit the aforementioned satisfactory proof shall result in the disqualification of the tower.
(3) Each tow vehicle will be annually inspected by the Chief of Police for compliance of the within standards and all other appropriate motor vehicle statutes. Upon passage of inspection, the Chief of Police shall affix a decal to the vehicle permitting its use for Voorhees towing purposes. Any vehicle which is dispatched to a Township incident without the aforementioned inspection sticker may be rejected by the Officer on the scene and turned away at no cost to the Township. Said event shall constitute a violation of the chapter and subject the tower to the complaints, suspension or revocation of license to tow procedures outlined in § 76.07.
(C) Standards for storage yard.
(1) The vehicles must be towed to a location containing a minimum storage area sufficient for the storage of 40 vehicles. The applicant shall submit as part of the application process proof that he or she owns or can lease the aforementioned minimum storage area. For the convenience of the public and for the Voorhees Police Department for investigative purposes, the storage area must be located within the Township. If the tower has an option to lease the required storage area, he or she shall submit with his or her application a copy of the option agreement, containing the legal description together with a copy of the survey of the land. The lease shall extend to at least one year after the termination of the contract. The surveys as required herein shall have set forth thereon a certification by the surveyor to the Township as to the square footage within the storage area as surveyed.
(2) The storage area shall meet the following requirements:
(a) The land used for the storage of vehicles shall meet zoning requirements and/or have achieved zoning approvals for such use and must meet all applicable municipal codes.
(b) No towed vehicle may be parked upon the public street and shall be stored by the tower within the storage area as hereinafter defined.
(c) The storage area shall be manned by an employee authorized to release vehicles Monday through Friday from 9:00 a.m. to 5:00 p.m., holidays excluded.
(d) During unmanned hours, the storage area must be accessible by the police with 20 minutes notice.
(e) The storage area shall accept all types of cars and trucks and be able to hold at least 40 standard vehicles.
(f) The entire land area shall be enclosed by a fence of sturdy construction of at least six feet in height and shall be secured with adequate lighting from dusk to dawn in accord with Township zoning regulations.
(g) All the land proposed to be utilized by the tower for storage shall be level and clear of all debris and must be clearly marked (1) to prevent unauthorized access; (2) with the name and number of the towing company and hours of operation. Said signage shall conform to zoning standards.
(h) The tow office/reception area shall be an enclosed part or portion of a regular structure which offers protection from the elements and is climate controlled for the customers and employees alike. Temporary trailers or makeshift enclosures are not permitted unless the building possesses all required zoning and construction approvals and accessibility requirements.
(i) The tower shall be responsible for each vehicle and its content in the tower's possession until final disposition and removal as permitted by the Township. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space between vehicles shall be provided at all times.
(D) Legal requirements.
(1) Response times. The tower shall be available 24 hours a day, seven days a week for the use of the Township at the direction of the authorized representatives of the Police Department as per the rotation requirements hereinafter set forth. During the rotation the tower has exclusive rights to tow vehicles on behalf of the Township; the tower shall be called or dispatched first by the Police Department. If the tower is an limited capacity tower, as defined herein, the Township reserves the right to utilize a tower from the full capacity list if conditions warrant. In the event that the tower is unavailable with respect to a particular incident, then the next tower on the primary rotation shall be called or dispatched to the scene. The rotation lists shall be as a result of the receipt and review of the approval of the aforementioned applications and the award of a contract with respect thereto. In the event that none of the towers set forth on the primary rotation list are available or are able to provide the appropriate services as requested by the Township, or if an emergency exists, the Township may request such services from any other available source. In such cases, the tower will tow the vehicle to a location identified by the Police Department and will be eligible for towing charges only. During adverse weather conditions, heavy traffic conditions or emergency conditions, the towers on the rotation list shall give priority to requests from the Township over any other request which may be received by the tower.
(2) When called, the tower must respond to the scene within 20 minutes of the call from police dispatch.
(3) Stand-by service periods. In addition to the service requirements of this chapter, the tower shall be required to furnish extra towing equipment and service during storm periods, periods of snow emergencies, traffic emergencies, disasters, any acts of God and for any other reason when so designated by the Township Administrator and/or Chief of Police, or their duly authorized representatives. During such periods which are herein referred to as standby service periods, the tower shall be required to furnish adequate equipment and service to be held ready to remove all types of vehicles. Standby service will begin when the Chief of Police calls the tower initially and will end when he or she terminates the standby status by calling the tower. The Township reserves the right to designate temporary areas owned or leased by the Township for the storage of vehicles in said area at the direction of the Chief of Police.
(4) Debris removal.
(a) It shall be the responsibility of the tower to provide for the clean-up and removal of debris from the scene of any incident that requires towing and/or recovery service, with the understanding that the debris to be removed must be a direct result of the incident that necessitated the services of the tower.
(b) The tower shall be responsible for the clean-up of all fluids contained on the paved roadway, which are discharged from a damaged vehicle, which does not meet the requirements of a Hazardous Materials incident. Such clean-up shall include gasoline, diesel fuel, oil, antifreeze, hydraulic brake fluid, transmission fluid and other such fluids which can reasonably be anticipated to be discharged from a damaged vehicle. Fluid clean-up and removal shall be in accordance with the applicable state and federal regulations for clean-up and remediation. The tower shall carry the appropriate equipment for the clean-up. It shall be incumbent on all towers and personnel to be familiar with state and federal requirements regarding hazardous material cleanup.
(c) Clean-up shall be completed prior to the departure of any tow vehicle.
(5) Indemnity and insurance.
(a) The tower shall indemnify and hold harmless the Township of Voorhees from any and all claims against the Township arising out of the operation of any towing services, garage services, storage services, or repair services, under this chapter.
(b) Insurance requirements.
1. Workers compensation and employers liability insurance. A tower shall procure and shall maintain worker's compensation insurance in accordance with statutory requirements for all of his/her employees to be engaged in work on the project.
2. General liability insurance. The tower shall procure and maintain, during the entire time it is performing services under chapter of the Township Code, general liability insurance of not less than $1,000,000 bodily injury and property damage in any one occurrence.
3. Automobile liability insurance. The tower shall procure automobile liability insurance for claims arising from owned, hired, and non-owned vehicles with limits of not less than $10,000,000 any one person; $2,000,000 any one accident for bodily injury and/or property damage; which insurance shall be maintained during the life of this contract.
4. Garage keepers liability insurance. The tower shall secure and maintain during the life of this contract garage keepers liability insurance in an amount not less than $60,000 per location.
5. Public liability and property damage, contingent liability insurance. The tower shall also carry public liability and property damage, contingent liability insurance to indemnify the Township of Voorhees and the public against any loss due to injuries, accidents or damages of any character whatsoever, where any such damage is the result of any act or omission of the tower, his or her agents or employees in or due to the execution of the work called for under the contract and this chapter. Such policies shall contain the provision that 30 days' notice of change or cancellation be given to the Township by the insurance company. Public liability insurance limits shall be at least $500,000 per accident and be specifically endorsed to provide collision insurance for vehicles in tow. In addition, the tower shall have coverage for contractual liability and also name the Township as an additional insured. All insurance required hereunder shall remain in full force and effect for the period of the contract. Insurance policy shall cover on an occurrence basis.
6. Owner of record or lessee. The tower shall be the owner of record of the property used for storage or be listed as the lessee of said property, Tower shall maintain $3,000,000 general liability insurance for the leased property where the vehicles are to be stored and the insurance shall be maintained for one year past the conclusion of the contract period.
7. Certificate of insurance. Certificates of insurance showing that both the tower and the Township of Voorhees are named as additional insured, in conformance with the above, shall be furnished to the Township Administrator, subject to approval of the Township Solicitor, and filed with the Township Clerk.
(Ord. 247-14, passed 5-12-14)