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HomeMy WebLinkAboutBYL 03-23 Report to Council Report Number: BYL 03-23 Date: February 27, 2023 From: Paul Bigioni Director Corporate Services & City Solicitor Subject: Towing and Impound Services - File: L-2200 Recommendation: 1. That an agreement with 1105729 Ontario Inc. Operating As Classic Towing & Storage be approved substantially in the form attached to this Report, subject to revisions acceptable to the Director, Corporate Services & City Solicitor; 2. That the Mayor and the City Clerk be authorized to execute the said agreement on the City’s behalf; and 3. That the appropriate officials of the City of Pickering be authorized to take such actions as are necessary to give effect to the recommendations in this Report. Executive Summary: In December, 2022, the Durham Region Police Service (“DRPS”) advised the City that it is making significant changes to its vehicle impound processes. These changes will take effect on March 1, 2023. These changes will impact the towing services available to the City for municipal law enforcement purposes. As a result of these changes, DRPS’s existing towing and impound provider is no longer willing to impound vehicles from private property under authority of a municipal by-law. For this reason, City staff commenced a search for a new towing provider that is willing to impound vehicles from both public highways and private property. To provide ongoing towing services required to support the City’s municipal law enforcement work, staff recommend entering into an Agreement (Attachment 1) for towing and storage services with 1105729 Ontario Inc. Operating As Classic Towing & Storage (“Classic Towing”). Financial Implications: None. All costs for towing services are recovered by Classic Towing from the registered vehicle owner or through sale of the vehicle. Discussion: On December 14, 2022, DRPS sent an email to the City outlining numerous changes in the impound process that DRPS imposes on Municipal Law Enforcement agencies. The initial deadline for implementation of these changes was January 31, 2023. At the urging of the City and other lower tier municipalities, DRPS extended its deadline to March 1, 2023. The changes being implemented by DRPS will impact the towing services available to the City for municipal law enforcement purposes. Specifically, the existing towing and impound provider under the DRPS contract is no longer willing to impound vehicles from private property under -aft;of- Pl(KERJNG BYL 03-23 February 27, 2023 Subject: Towing and impound Services Page 2 authority of a municipal by-law. For this reason, City staff commenced a search for a new towing provider that is willing to impound vehicles from both public highways and private property. As part of their search, staff considered other local towing companies, and assessed their ability to serve the City’s needs. Staff recommend entering into a contract for towing and storage services with Classic Towing. The Classic Towing impound lot is located on Notion Road in the Town of Ajax. Notion Road borders Ajax and Pickering and as such is easily accessible to owners to retrieve their vehicles. Classic Towing provides 24 hour towing and impound services at no cost to the City. All costs for towing and storage will be collected by Classic Towing from the registered vehicle owner upon vehicle retrieval, or through the disposal of unclaimed vehicles. Classic Towing has an MTO ARIS (Authorized Requester Information Services) agreement which allows it to obtain vehicle owner information for the purposes of sending legal notifications under the Repair Storage And Liens Act. It is also OMVIC (Ontario Motor Vehicle Industry Council) licensed, which allows it to operate as a motor vehicle sales facility to dispose of vehicle not claimed by the owner. Classic Towing provides these services to other government entities such as Toronto Police Service, Metrolinx and the City of Barrie, and it has a demonstrable understanding of the legal requirements that apply to towing, impounding and selling vehicles. The Classic Towing impound lot is secure, has video surveillance and is licensed to operate in its current location. The attached draft Agreement requires Classic Towing to: (i) operate in accordance with all applicable laws including the Repair Storage & Liens Act and the Consumer Protection Act, (ii) provide proof of insurance, (iii) provide criminal background checks on all its employees, (iv) provide CVOR (Commercial Vehicle Operator’s Registration) clearances, and (v) provide the City with proof of same as required by the City. The fees charged to vehicle owners by Classic Towing are specified in the attached draft Agreement. The fees can be changed annually, subject to City approval. The Agreement can be terminated by either party on 90 days’ written notice. Staff have confirmed with the Manager, Procurement that the City’s Purchasing Policy is not applicable to the Agreement. Staff recommend that the City enter into the attached Agreement with Classic Towing to provide towing services to support the City’s municipal law enforcement activities. Attachment: 1. Draft Agreement between The Corporation of the City of Pickering and 1105729 Ontario Inc. Operating As Classic Towing & Storage. BYL 03-23 February 27, 2023 Subject: Towing and impound Services Page 3 Prepared By: Approved/Endorsed By: Jason Litoborski, C.P.S.O. Paul Bigioni (Acting) Manager, Municipal Law Enforcement Director Corporate Services & City Solicitor Services Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: Towing Services Agreement Dated February , 2023. Between: 1105729 Ontario Inc. O/A Classic Towing & Storage (“CTS”) and The Corporation of the City of Pickering (the “City”) Whereas CTS is a private company incorporated under the laws of the Province of Ontario, having its Head Office and/or chief place of business at 91 Notion Road, in the Town of Ajax, Regional Municipality of Durham; And Whereas the City wishes to hire CTS to provide towing services in relation to the enforcement of the Traffic and Parking By-law 6604/05, as amended, on public highways and private property; And Whereas the City is responsible for providing Municipal Law Enforcement services within the geographical limits of the City, and may on occasion require the towing and/or storage of vehicles; And Whereas the City needs to secure vehicle storage facilities and 24-hour towing services in to support the City’s Municipal Law Enforcement Services; And Whereas CTS will provide the above-noted services on the following terms and conditions; Now Therefore, in consideration of the covenants contained herein, CTS and the City agree as follows: 1.CTS will provide for the use of the City, at no cost to the City, the vehicle storage facility (hereinafter called the “Pound”) located at 91 Notion Road, Town of Ajax. CTS shall ensure that the Pound is secured and monitored 24 hours per day. 2.CTS will provide the City with towing services consisting of towing vehicles in a timely manner to the Pound or elsewhere, as required by the City. Attachment #1 to Report BYL 03-23 2 3. CTS will provide to the City all documents required under this Agreement, with strict adherence to any timelines and guidelines set by the City. 4. The City, (including its agents, employees, and servants) shall not be responsible for, or liable to pay for any services rendered pursuant to this Agreement. The City acknowledges that CTS may claim a lien over towed vehicles in accordance with the Repair and Storage Liens Act (Ontario). 5. The Supplier shall provide and retain valid insurance in the amount of $5,000,000.00 naming the City as additional insured. 6. CTS will maintain clear Criminal Reference checks and Driver Abstracts for their employees, records of which shall be made available to the City upon request. 7. CTS shall provide the City annually with proof of its Workplace Safety and Insurance Board coverage. 8. CTS shall at all times maintain its own Ontario Ministry of Transportation Authorized Requester Information Services Agreement to search for vehicle owners. 9. In the course of providing services under this Agreement, CTS shall ensure that it releases vehicles only to the registered owner thereof or to a party acting on their behalf, as evidenced by vehicle owner searches conducted pursuant to the said Authorized Requester Information Services Agreement. 10. CTS shall charge vehicle owners the towing and impound fees set out in Schedule “A”. CTS may, at its option, submit to the City an annual updated fee schedule which, if approved by the City’s Manager, Municipal Law Enforcement, shall replace Schedule “A” and form a part of this Agreement. 11. CTS will be responsible for the administration of all liens and financial matters arising from the services it provides pursuant to this Agreement including, but not limited to, the sending of notices, the registration and perfection of liens, the conduct of any auctions or sales, the filing of number plates and related documents with the Ministry of Transportation and the carriage of any legal proceedings arising from same. 12. CTS shall ensure that all of its activities related to the disposal of any vehicle are completed in accordance with all applicable laws including the Repair and Storage Liens Act and the Consumer Protection Act, 2002. 13. CTS will maintain and provide a copy of their Ontario Motor Vehicle Industry Council licence to sell or dispose of vehicles. 14. Where net proceeds of a vehicle sale are not sufficient to satisfy any amount due to CTS, CTS agrees to accept the net proceeds in settlement of the total amount due. The City shall not be liable for any shortfall in vehicle sale proceeds. 3 15. CTS shall defend, keep harmless and fully indemnify the City, (including its officers, servants, and agents) from and against all actions, suits, claims, executions, demands, losses, costs and charges against them, by reason of or arising from the services outlined in this Agreement. 16. This Agreement shall remain in full force and effect unless terminated on ninety (90) days written notice, given by either party to the other. In Witness Whereof, the parties have executed this Agreement, in Pickering, Ontario, as of the date first written above. 1105729 Ontario Inc. O/A Classic Towing & Storage Per: I have the authority to bind the Corporation The Corporation of the City of Pickering Per: I have the authority to bind the Corporation Per: I have the authority to bind the Corporation 4 Schedule ‘A’ Rates Towing (including all costs for movement; recovery and wait time, tarping etc.) $225.00 Secure Storage (for each 24-hour period or part thereof) Daily rate$ 50.00 Contract rate per car or hour for relocation of vehicles at the request of the City or Pickering. $80.00 per hour or per vehicle After hours release fee (Anytime between 1800 hrs and 0800 hrs on weekdays; 24 hours on Saturday, Sunday and Statutory Holidays if the facility is not normally open. The fee shall include release of vehicle. $75.00 Acceptable forms of payment: Credit Card Debit Cash