§ 73A-2. Contract required; liability of Borough; application.

A. 

Generally. The governing body of the Borough, at the beginning of each period, shall appoint towers to be called by the Police Department on a weekly basis. Each two-week period shall be assigned to a different tower. A fee of $100 shall be paid to the Municipal Treasurer by each tower so authorized. The appointment shall be made after the submission of an application as hereinafter set forth and the review and recommendation of the same by the Chief of Police, said appointment to be made by the Borough Administrator. Any tower receiving appointment shall be placed on the rotation list, which shall entitle the tower(s) to exclusive towing rights during the rotation period. In the event that the tower assigned to a particular rotation is unavailable, then the next tower on the list shall be called during said rotation, but only for a particular incident as set forth. Appointments shall be for a three-year period commencing in May of 2013. Tower(s) wishing to reapply at the end of their three-year appointment will be required to complete the application process, to include a fee of $100 submitted to the Borough if appointed. Applications for the next period shall be received no later than March 31, 2013.

B. 

Application process. Any person interested in being placed on the aforementioned rotation list shall submit an application on a form to be prepared by the Borough Administrator or his/her designee, said form to contain at a minimum the information specified herein. The applicant shall provide, at a minimum, the following information:

(1) 

List of required equipment and proof of ownership.

(2) 

Experience of applicant, with references.

(3) 

Available personnel (employees).

(4) 

Proper business and trade licenses and licenses of vehicles.

(5) 

Tow trucks having two-way radio/cellular telephone capability with a dispatching center on a twenty-four-hour basis.

(6) 

Storage location, setting forth capacity, contractor responsible for safe storage area location, proof of ownership or lease of storage area, along with a survey certifying the square footage within the surveyed area.

(7) 

Insurance and proofs of required coverage.

(8) 

List of stockholders.

(9) 

Noncollusion affidavit.

(10) 

Affirmative action affidavit.

(11) 

Hold-harmless agreement.

(12) 

Certification that the applicant is able to provide towing services anywhere in the Borough in accordance with the response time established within this chapter.

(13) 

Certification that the applicant will be available to provide service on a twenty-four-hour-per-day, seven-day-per-week basis and will abide by the fees set forth in this chapter.

(14) 

Certification that the applicant shall consent to the appointment of the Borough Clerk as the applicant's true and lawful attorney for the purpose of acknowledging service out of any court of competent jurisdiction to be served against the applicant.

C. 

Review of application. The Chief of Police shall conduct a background check of the applicant and any employees to be utilized in the towing and storage operation. The background check is to determine if either the applicant or its employees have been convicted of a criminal offense or have had their driver's license suspended or revoked in the past year. Conviction of a criminal offense or suspension of a driver's license within the past year shall be cause for the disqualification from being appointed to provide towing and impound services. The Chief of Police or his designee shall conduct an inspection of the employees, vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with the applicable laws, regulations and standards of performance required by this chapter. The Borough shall, at the cost of the applicant, obtain a better Business Service Bureau report and any other reports that the Borough Administrator may deem necessary. After a thorough investigation, the Chief of Police shall recommend to the Borough Administrator whether an applicant should be appointed to provide towing service to the Borough of Paulsboro in accordance with the terms and conditions of this chapter.

D. 

Independent contract. By submission of the fee and application, the tower agrees that all personnel and equipment used shall be and remain the property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the Borough of Paulsboro. The tower is in no way or sense an agent or employee of the Borough of Paulsboro. All individuals, partnerships, companies, corporations or legal entities who or which are approved for the list under this chapter shall not be permitted to subcontract, lease, sell, franchise, loan or transfer their services to another wrecker on or off the approved list.

E. 

Hold-harmless agreement; liability.

(1) 

The tower, by submission of the fee and application, agrees to assume the defense of and indemnify and hold harmless the Borough, its elected officials, boards, commissions, officers, employees and agents from all suits, actions, damages or claims to which the Borough may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Prior to providing the towing services, the tower shall execute the appropriate hold-harmless clause.

(2) 

The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the Borough and its officers, employees and agents from any and all suits and actions, damages or claims arising out of the performance of the duties specified in this chapter.

(3) 

The Borough of Paulsboro shall not be liable for any services whatsoever which may be rendered to motor vehicles, and the tower shall only seek payment from the driver and/or owner of such vehicles for compensation.

F. 

Borough Administrator's decision. The Chief of Police shall conduct the aforementioned review and investigation and render a report to the Borough Administrator recommending either approval or denial of the application. The Borough Administrator shall then take action with regard to appointing a vendor(s) for towing and impound services. Written notice of the approval or denial of the application shall be provided to the applicant within seven days of the decision of the Borough Administrator.