Cobourg Police Service Request For Proposal Vehicle Towing

COBOURG POLICE SERVICE REQUEST FOR PROPOSAL VEHICLE TOWING

Request for Proposals forms may be obtained from the Cobourg Police Service.
Telephone 905-372-6821, Extension 2255 or via email at Christine.zealand@cobourgpolice.com .

Sealed Requests for Proposal must be received by the Cobourg Police Service, 107 King Street West, Cobourg by noon Thursday, April 12, 2018, attention Deputy Chief Paul VandeGraaf, for the supply and delivery of towing services for the Cobourg Police Service. These cannot be emailed.
Cobourg Police Service Application to Provide Towing Service

1. Scope of service

Qualified applicants are invited to submit Request for Proposals, hereinafter called RFP, to the Cobourg Police Services Board, hereinafter called the CPS, for the supply of 24 hour towing services and vehicle secure storage pound facilities for use by the CPS within the Town of Cobourg and the County of Northumberland.

2. Term:

a) The tow contract period commences at 0001 hours April 1st 2018 and ends at 2400 hours December 31st 2021.
This tow contract shall be in place for a total term of 3 years, renewed annually on the anniversary date of the contract to a maximum term of 3 years.

b) Any increase in the prices may be discussed prior to the expiration of the contract or annually prior to the anniversary date of the contract. Any increases must be agreed to by all parties.
No other increases are allowable.

c) Price schedules and tow rates will remain in effect for the contract period unless otherwise approved.

d) This agreement may be terminated by either party subject to a written 30-day notice of termination.

1. Proposal Requirements:

a) Applicant premises: Applicant facilities shall be reviewed and inspected by CPS personnel. Failure to provide adequate impound and office space and security shall lead to the application not being further considered.

b) Mandatory Tow Applicant Offices and Secure Impound Locations: All applicants are hereby notified that in order for their submission to be considered, the applicant shall have established office premises with an established suitable secure impound facility that meets all of the required criteria, both preceding and following. Proposed office sites and proposed secure impound locations will not qualify for review and will result in the disqualification of the applicant.

c) Municipal Zoning Regulations: Applicants shall ensure that the office premises and the secure impound locations are correctly and appropriately zoned by the respective Municipality for the required activity.

d) Tow at “Owner’s Request”: Tows requested at an “owner’s request”, shall be accommodated through the CPS Communications Unit. Accommodating tows at “owner’s request” may result in a non-applicant tow company being dispatched to the tow.

e) “Operational Flexibility”: The CPS shall at all times maintain and exercise the sole right of “Operational Flexibility”. No extended waits for tow vehicles will be acceptable. The CPS reserves the sole right to contract other towing service(s), based on issues such as expedience, emerging situations, and traffic and weather conditions.

f) “Investigative Needs”: The CPS reserves the sole right to have vehicles towed to premises outside of this RFP and contract to CPS authorized premises to conduct investigations

g) Mandatory Site Visits: Applicants must be pre-qualified by arranging a site visit, in advance of the close of the RFP. Applicants are required to pre-arrange times for this site review by contacting Ms Christine Zealand 905-372-6821, extension 2255.

h) Clauses and Terms and Conditions: All Clauses and Terms and Conditions within the Request for Proposals are deemed acceptable unless indicated in writing on the face of your proposal.

i) Any erasures or corrections on the face of the proposal shall be initialed by the bidder.

1. Supplier Qualifications:

a) Business: Applicant shall annually provide a current satisfactory certificate of insurance, which states both liability (minimum $5 million) and theft and damage coverage(s). Applicant shall further provide insurance coverage(s) for the CPS as required in the Agreement for Towing Service.

b) Business: Applicant shall provide a current satisfactory WSIB Clearance Certificate.

c) It is mutually understood and agreed that no applicant awarded a contract as a result of this RFP, or any employee of a successful applicant tow company, shall provide any guidance or direction to any body shop or mechanical repair facility for vehicles towed under this agreement.

d) It is expressly forbidden for any CPS contracted tow company, its employees, or drivers to promote or offer the services of a body shop or a mechanical repair shop under the terms of this Agreement. Any “finders’ fees”, including but not limited to any instruments of compensation or reimbursement, or other forms of compensation for referrals, are expressly forbidden and will result in the immediate termination of any tow agreement at the sole and unfettered discretion of the CPS.
e) Applicants are hereby required to ensure that all tow company personnel are aware and act accordingly to this strict policy.

f) The CPS reserves the right to conduct tow contract compliance checks directly with owners of towed vehicles for all tows that originate and end under all of the provisions of this Agreement.

g) Applicants are further advised that they are subject to ongoing evaluation through the entire term
of this agreement including, but not limited to, all items of the Application to Provide Towing Service, both preceding and following.

a) Applicants shall provide appropriate on site office electronic devices to properly communicate with the
CPS Vehicle Impound Coordinator. The minimal acceptable devices shall include:

i. A photocopier and document scanner connected with a telephone/fax line.
ii. Telephone with voice mail
iii. Email account
iv. Internet Access
v. Applicant shall scan and email all CPS initiated tow invoices to the CPS Impound Coordinator on a weekly basis. For clarity, all CPS initiated tows includes every tow facilitated through the CPS save and except owner requested tows that are not a successful applicant.

1. Selection Criteria:

All applicants should be aware that the selection and evaluation criteria shall include, but not be limited to:

a) Staff and Equipment (20 points)

i. Years in business as an owner
ii. Vehicle fleet and equipment including type of truck, ownership, year, size and towing capacity.
iii. Staff size and capabilities including full-time and part-time certifications, experience.

b) Compound and Storage Facilities (25 points)

i. Location including closeness to populated areas, major roads, access and public transportation access.
ii. Compound size and security features including security cameras, fence, size and other security features.
iii. Number of storage spots.
iv. On site review

a) Company Experience and Financial Stability (15 points)

a) Experience in the tow industry, tow company previous or similar work with the police
b) Existing compound facility arrangements

b) Administrative Capability (15 points)

a) Office support capabilities, staffing levels, hours of service
c) Pricing (25 points)

a) Fair market value
b) Detail Outlining Price Variations
c) Previous billing practices

1. Applicant Submissions:

a) Applicants must clearly indicate in the space provided the tow area(s) for which they are submitting proposal(s).

1. Cobourg

a) Applicants must initial each page of the RFP and Agreement for Towing Services when making a submission.

1. Award(s):

a) A minimum requirement of suitable tow vehicles must be available per tow area of responsibility. Additional tow vehicle availability may be a contributing factor in any determination or award that may be made.

b) Any award(s) of a tow contract as a result of this RFP shall be at the sole discretion of the CPS.

c) The CPS has the right to waive submission and selection criteria, unilateral, in its sole discretion, if it deems it necessary to do so.

1. TERMS AND CONDITIONS

a) Tow Company and Employee Background Checks:

Any application for towing shall require the applicant to supply a separate list of all current owners and employees, providing their complete name, current home address, and their date of birth. All employees, including tow company owners, tow truck operators, tow company office staff, casual, and any part-time employees are hereby required to have a background check completed. The employee background checks shall be completed after the initial award, if any, has been determined.

All employees identified in this clause will be required to complete a CPS waiver form. These forms are to be completed by the individual employees and verified in the presence of an authorized CPS member. All completed forms will become the property of the CPS and will be retained by the CPS. The CPS shall reserve the sole right to disqualify tow vendor employees from towing for the CPS under this contract, subject to the results of an unsatisfactory employee Police Vulnerable Sector check, or any other unsatisfactory employee activities that may arise during the term of the agreement. This shall be at the sole discretion of the CPS.

A tow company employee denied a tow truck license has the right to appeal the Chief’s decision to the Cobourg Police Services Board as outlined in Schedule “C” of the attached tow agreement.

Where a tow company employee has not been accepted as a suitable employee candidate under this contract, the tow employer shall ensure the employee has no involvement with any tow activity that may take place under this agreement, including access to any vehicles that may be in the tow company impound facility. In the event that a tow vendor employee is deemed to not be satisfactory to tow under the tow agreement, the tow contractor shall be contacted by the CPS and informed of the unsuitability for this tow activity under this agreement. This shall be at the sole discretion of the CPS.

Every tow operator who is charged or convicted with an offence under the Criminal Code of Canada, the Controlled Drugs and Substances Act (Canada), or the Highway Traffic Act shall, within seven (7) calendar days of being so charged or convicted, report that fact to the Chief. The Chief of Police or his designate shall
then evaluate the charge or conviction and determine the suitability of that operator to continue to be part of this Towing Agreement. Failure to disclose that information will result in the tow company’s immediate suspension from the list until the matter can be fully investigated by the police.

b) Termination of Tow Company Employees and New Hires

The CPS are to be notified within seven (7) days when employees have been terminated or left their employ.

No tow supplier owner or employee will be authorized to provide services or access any tow information covered under this contract until they have been submitted to a background check and have been approved by the CPS. The successful tow supplier must forthwith supply the above information to the CPS in relation to any new tow company hires, along with the applicable fee for a background check. New hires shall not have access to any vehicles or impound /owner information until so authorized by the CPS.

Note: The price of the Police Vulnerable Sector Check is subject to increase or decrease at the sole discretion of the CPS. All vendors shall contact the Vehicle Impound Coordinator in advance of a new hire to obtain the applicable current rate.

Failure to comply with these continuing requirements as noted in clauses 8 a) and b) above will result in the immediate disqualification of the applicant or termination of any contract or agreement that may result from this process and is not subject to the 30 day notice termination provisions of Clause 15 of the Agreement for Towing Service.

Further, the tow company business history shall be researched to ensure the financial capacity to conduct operations for the CPS and the applicant shall furnish to CPS any information required to facilitate this process.

c) Employee Identification:

All contracted tow company employees shall wear a photo ID/name identifier on their outer clothing when towing for the CPS. This is mandatory. Failure to ensure that tow personnel are properly identifiable may result in the CPS exercising the 30 day notification of contract cancellation. The photo ID shall be supplied by the CPS.

Should the tow operator leave their employment, be terminated or have their license revoked under the Tow Agreement, the photo ID shall be returned to the CPS within seven (7) days. The responsibility to ensure the photo ID is returned to the CPS rests with the Tow Owner. Failure to return a photo ID after the employee has left the employer may result in the CPS exercising the 30 day notification of contract cancellation.

d) Sale or Transfer of an Applicant Business During the Term of a Contract:

Subject to the sole discretion of the CPS, a sale, transfer, or change of owners of a contracted tow business to new owners or ownership during the term of this contract shall not include the tow agreement with the CPS unless expressly agreed to after satisfactory background and business checks of a new owner and staff members.

In all such cases, the CPS shall retain the final right to continue or discontinue the agreement with a new principal(s). If approved by the CPS, all existing rates and schedules shall remain to the normal conclusion of the contract term.

e) First, Second, and Following Tows:

All tows shall be considered to continue under the schedule of rates provisions of this proposal and agreement until the vehicle has been towed to its final destination.
As an example:
An authorized member of the CPS arranges a tow. The vehicle is towed to a secure pound. The owner, or agent (includes insurance companies, appraisers and adjusters), requires the vehicle to be re-towed to a repair facility or other destination as directed. The provisions of the agreement schedule of rates shall remain for each separate tow.

Tow company records shall be available to authorized members of the CPS for audit to ensure conformity to all terms and conditions, rate schedules, tow and impound invoices, and all other requirements of this Tow Agreement. Further, CPS personnel shall have access to vendor tow records and shall at the sole discretion of the CPS perform quality assurance checks directly with vehicle owners that have been towed to ensure full and complete compliance to all of the terms and conditions of any contract that may result from this process. This is not limited to, but includes all matters relating to the type of tow and the charges that have been applied by the vendor for the tow.

f) Collision Reporting Centre:

The CPS has a Collision Reporting Centre, hereinafter called CRC, located in the Cobourg police station at 107 King Street, West. The Applicants are advised that they must attend the CRC, during normal working hours, with the damaged vehicle. The driver shall enter the CRC and request that the damages be reviewed while the vehicle is attached to the tow truck. Generally, the review will consist of the driver lowering the boom to allow the damages to be photographed. At the conclusion, and after the release from the CPS and CRC, the tow will continue as normal. Applicants are hereby advised.

A vehicle requiring to be towed shall, where applicable, be taken directly to the CRC or the vehicles owner’s compound of choice providing the CRC or the compound of choice is open to accept the vehicles. If the CRC or compound of choice is no longer open for business, the vehicle will then be taken to the tow operator’s compound until the next business day the CRC or the compound of choice is open to accept the vehicle.
In non-business hours, the vehicle towed from an accident must be stored at the applicants secure impound facility and towed to the CRC when it is open.

g) Priority:

In all cases, the CPS shall receive priority service from the applicant. Applicants agree that they will be on the scene of the requested tow no more than fifteen (15) minutes within the awarded tow area after being contacted by the CPS Communications Unit. Extended wait times are not acceptable and may lead to the termination of any tow agreement based on the sole discretion of the CPS. The CPS Communications Unit records times of supplier call-out and arrival times at the scene of the call.

Owner requests are the only exemption to the above clause.

1. General Licensing Provisions

a) No tow company owner shall permit an unlicensed person to drive a tow vehicle without a current (not suspended) applicable class of license in accordance with the Highway Traffic Act and without a tow operator license and photo ID issued by the Chief for any tows falling within the scope of this RFP and Tow Agreement.
b) Every owner who sells or disposes of a tow vehicle shall, within six (6) days of such sale, give notice in writing thereof to the Chief, and may on application to the Chief be authorized to transfer the number plate to another vehicle to replace the vehicle sold or disposed of. If such authorization is not given, the number plate and corresponding license shall be forthwith returned to the CPS.
c) Every tow operator licensed by the CPS shall carry on their person their current photo ID provided by the Chief and, while driving any licensed tow vehicle for the purposes set out in this RFP and Tow Agreement, shall produce such photo license and permit any police officer or driver/owner of a towed vehicle to view such license upon request.

1. Complaints:

The tow company acknowledges that the CPS will fully investigate any complaints concerning a tow company and/or tow driver who is party to the Agreement for Towing Service. The tow company shall be informed of the results of the investigation and any action deemed necessary by the CPS.

2. Advertising:

The successful tow companies will be permitted to advertise that they are a under contract with the Cobourg Police Service, providing they adhere to the conditions of this RFP, the Agreement for Tow Services and are not under suspension. In addition, the CPS will list on its website, the towing firms under contract in Cobourg and Northumberland County. If, for some reason, the tow company is no longer under contract with the CPS, they shall, within 2 days remove the above advertising and the same will be removed from the CPS website.

3. Additional Tow Charges

a) Additional tow charges are not allowed except as indicated in this RFP and within the Rate Schedules.

b) There is no appeal for additional charges in this award. As such, any and all appeals for additional charges to any parties subject to tows under this agreement shall be summarily dismissed by the CPS.

c) There will be no wait time charges paid for any tow activity under this agreement, including any time spent at the Collision Reporting Centre.

1. Invoice Anomalies

a) Any tow invoice over-charges, as may be determined by CPS staff, as a result of an invoice review or audit, shall result in all affected parties receiving repayment of the amount of the invoice overcharge from the contracted tow company within five (5) days. Failure to fulfil this requirement shall be deemed “terminal contract non-compliance” and result in the immediate termination with the tow contractor, without further notice.

b) There are no provisions for any additional charges other than those outlined in this RFP and in the attached tow Schedules.

c) No additional charges are acceptable for site clean-up. Applicants are required to ensure that the accident site is cleaned up and no debris or glass left at the scene. Applicants shall ensure that their tow trucks have the equipment on board to perform this function.

1. General Provisions

a) This Towing RFP and Agreement for Towing Services shall not apply to:

i) Motor Club requests or roadside assistance programs.
ii) Owner requests

b) Unless dispatched by the Cobourg Police, no tow operator shall park within 300 meters of a collision nor shall they solicit any person involved in an accident to utilize their towing services.

c) Applicants are to be aware that they, their tow trucks, and tow truck operators are subject to the provisions of the Highway Traffic Act R.S.O. 1990 and all amendments, as well as any Municipal by-laws with respect to tow truck operations and tow activities.

1. Protest:

a) Any protest regarding these proposal requirements or the specifications, or any award that may be made as a result of this Application for Towing, herein will be disregarded.

b) All awards that may be made as a result of this Request for Proposal (towing) by the CPS shall be final and not subject to appeal.
All responses must be delivered by hand in a sealed envelope, to the address below prior to: Noon on Thursday March 29th, 2018
Cobourg Police Service
107 King Street, West.
Cobourg, Ontario
K9A 2M4
Attention: Deputy Chief VandeGraaf

Late Applications will not be accepted and will be returned unopened.

The CPS reserves the right, at their discretion, to approach applicants directly in order to clarify aspects of the Agreement for Towing Service or to obtain further or better particulars.

AGREEMENT FOR TOWING SERVICE
B E T W E E N:
a private Company by virtue of the laws of the Province of Ontario, having its Head Office and chief place of business at
in the Town of Cobourg
(hereinafter called “the Supplier”)

-a n d-

The Cobourg Police Services Board, a Board established under the Police Services Act R.S.O. c. P. 15 as amended (hereinafter called the “CPS”)

WHEREAS the CPS is responsible for police services within the Town of Cobourg and Northumberland County and requires the towing and/or storage of vehicles from time-to-time;

AND WHEREAS the CPS intends to establish motor vehicle storage pounds and 24 hour towing services in connection therewith to service those areas included within the regional boundaries;

AND WHEREAS the Supplier intends to provide and operate motor vehicle storage pound(s) and 24 hour towing services for the purpose of the CPS as aforesaid upon the terms and conditions as set forth;

NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration of the premises and the covenants and agreements hereinafter set out, the Supplier and the CPS covenant and agree, each with the other, as follows:

1. The Supplier will provide to the use of the CPS, at no cost to the CPS,

(a) motor vehicle storage pound(s) which is/are located within the boundaries of the tow area(s) applied for, such pound(s) to be used for according to each appendix, and properly and lawfully capable of use for the storage of vehicles requested or required to be moved or taken thereto by members of the CPS; and

(b) a towing service to tow such vehicles to the pound(s) or elsewhere as required, in a timely manner as outlined in the RFP.

2. The Supplier will, as required from time-to-time, complete and deliver to the CPS such related documents as may be provided to the Supplier by the CPS setting out all relevant particulars relating to the time, place and circumstances of the towing and/or storage of such vehicles.

3. The pound(s) facilities and the towing services shall be available to the CPS on a twenty-four (24) hour per day, seven days per week basis, and the Supplier shall make available sufficient staff at the pound
facilities to permit both the receipt for storage of such vehicles and the reclamation and removal of such vehicles and/or contents at all times.

4. It is expressly understood that any towing and/or storage service provided by the Supplier which is requested or required by a member of the CPS shall be subject only to those costs contained in the applicable appendices as it relates to the towing boundary to this agreement. All rates and fee schedules shall remain in effect for the complete term of this agreement. The fees may be adjusted upon application to the CPS by all successful proponents.

5. (a) “Request” in the context of this agreement includes situations in which a member of the CPS initiates or causes to be initiated a towing and/or storage service by the Supplier while the CPS member is acting on behalf of or as agent for a private person.

b) “Require” in the context of this agreement means situations in which a member of the CPS exercises a lawful authority to seize or to cause to be removed a vehicle, and/or to impound or cause to be stored or detained a vehicle, such situations to be identified by the completion by the CPS member of a, “Vehicle Release Form” and the provision to the Supplier of a copy of same.

6. The CPS, its agents, employees, servants, or members of the CPS, shall not be responsible for or liable to pay any charges for storage or towing services for any vehicle towed or stored pursuant to this agreement in respect of which the Supplier has or may be entitled to have a lien by operation of law.

7. The Supplier will be responsible for the administration of all liens and other financial matters arising from services provided pursuant to this agreement including — without limiting the generality of the foregoing — the sending of required notices to registered owners, the registration and perfection of liens and other charges, the conduct of any required 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.

8. Where a “Vehicle Release Form” has been completed and a copy furnished to the Supplier in respect of a vehicle towed and/or stored pursuant to this agreement, the Supplier will not release that vehicle from the pound(s) without written authorization from a member of the CPS.

9. It is expressly understood that the CPS will contact the Supplier in all cases of requested or required towing and/or storage services as set out in Clause 5, above, subject to the following exceptions:

i) In cases of emergencies related to availability of the Supplier’s services in a timely fashion or where there is risk of loss of life or of serious property damage or bodily injury if a vehicle(s) is not moved forthwith, the services of another towing service provider may be used, provided that storage, if any, will be in accordance with this agreement;

ii) Where a vehicle is to be seized as evidence or for expert examination, the CPS expressly reserves the right, to be exercised in the discretion either of a Coroner or other authorized official, or of a member of the CPS, in accordance with applicable CPS procedures, to make other storage and/or transportation (i.e., flatbed, float-trailer and tarpaulin) arrangements in order to preserve the forensic integrity of potential evidence.

iii) At an owner’s request, which shall include, but is not limited to, all agencies or corporations, which may provide towing from pre-arranged service contracts.

iv) Other investigative requirements of the CPS as stated in the Proposal Requirements and Terms and Conditions.

1. It will be a condition of this agreement that the Supplier has the obligation to maintain a pound(s)
and towing services for use by the CPS in the applicable area(s) as described in Appendices “H”, “I” and “J”.

It is a further condition of this agreement that the CPS may require the vehicle(s) to be towed to a CPS authorized premises outside of the “Supplier’s” area(s) of responsibility. This mandatory requirement shall be to enable the CPS to conduct further investigations as may be required. In the event of this requirement, the “Supplier” shall be responsible for the tow only. Authorized examination facilities shall be at the sole discretion of the CPS.

2. The Supplier shall maintain at his own expense a standard garage policy covering collision and upset and containing a satisfactory comprehensive legal liability endorsement and waiver of subrogation provision in favour of the CPS, in respect of all vehicles stored or which may be stored in the pound(s) or which may be transported to the pound(s). The said policy will contain an endorsement to the effect that:

i) The CPS is be given at least ten (10) days notice in writing of cancellation, expiry, or change in the amount of the policy, and

ii) That a copy of the policy is to be deposited with and kept by the CPS.

1. The Supplier will at all times well and truly save, defend and keep harmless and fully indemnify the CPS, each of its officers, servants and agents, and members of the CPS of, from and against all actions, suits, claims, executions, demands, losses, costs and charges against any of them, by reason of or arising from the operation of the pound(s) and/or the delivery of towing services by the Supplier pursuant to this agreement, save and except any action or claim for wrongful or unlawful seizure arising from a towing and/or storage service required by a member of the CPS pursuant to Clause 5(b), above.

2. That this agreement and everything contained herein, including the PROPOSAL REQUIREMENTS,
TERMS AND CONDITIONS (including Tow Company and Employee Background Checks) and SCHEDULES are deemed hereby to form part of it, shall be binding upon and enure to the benefit of the Supplier, his heirs, successors and assigns, provided, however, that this agreement may only be assigned to such person or such persons as the CPS may in its sole discretion approve.

3. The relevant law for purposes of this Agreement is the law of Ontario, and in any case of apparent conflict between the provisions of this Agreement and the provisions of any law of Ontario, the latter will prevail. The CPS reserves the right to terminate this agreement in accordance with each provision of the Proposal Requirements clauses, Terms and Conditions clauses, and Agreement for Towing Service clauses. Each of the clauses identified are individual termination areas that are exercised individually and do not require other clauses to be used for termination.

4. This agreement takes effect April 01, 2018 for a maximum period of three years ending December 31st 2021, to be reviewed and signed by the parties annually before the end of the calendar year, but may be terminated by either party and free of any resultant damages or other liability of any kind upon thirty (30) days’ notice in writing delivered to the other party, except that in the case of a default related to the Supplier’s non-compliance with the Tow Company and Employee Background Checks requirement, CPS may immediately terminate the agreement for cause by written notice of same.

5. Subject to the needs of the CPS, this agreement may be extended for an additional period, not to exceed 180 days, at the normal conclusion of this agreement. All Clauses, including Terms and Conditions, and Rates shall remain in effect during the period of any extension.

6. Tow vendors shall ensure that all accident scene debris is cleaned up and the roadway swept if required. Tow vendors shall ensure that they are aware and abide by this provision.

7. Tow vendors are hereby notified that vehicle owners, or authorized owners agents, may have access to their towed vehicles to remove their personal belongings during regular tow company pound hours without access charge or any requirement to pay any tow fees that may be outstanding. The tow contractor submission for this towing agreement includes vendor acknowledgment and acceptance of this mandatory item.

Failure to follow this requirement shall result in the termination of tow services by the CPS.

8. Should a tow company wish to suspend their service, they shall contact the CPS to advise of the dates of their suspension. The tow company’s place in line will be frozen during the requested suspension however; other tow companies will continue to follow the Next in Rotation style.

9. The tow company acknowledges the following which will be calculated based on a 12 month period from January 1st to December 31st, except in 2018, the first year of the Agreement for Towing Service, where it shall be April 01, 2018 to December 31st:

a) Failure to arrive at a location within the time identified in the RFP will result in:

i) First occurrence – note in file
ii) Second occurrence – in person meeting
iii) Third occurrence – suspension

b) Failure to adhere to the price schedule will result in:

i) First occurrence – note in file and reimbursement of overpayment to customer within 5 days
ii) Second occurrence – in person meeting and reimbursement of overpayment to customer within 5 days
iii) Third occurrence – suspension

c) Failure to advise the CPS of any offence listed in clause 8 of the RFP and section 15 of the Agreement for Towing Service shall result in immediate suspension of the tow company from the list until the matter can be fully investigated and the results evaluated by the CPS.

d) Failure to respect the 300 meter radius to a collision or the solicitation clause 14 b) will result in

i) First occurrence – note in file
ii) Second occurrence – in person meeting
iii) Third occurrence – suspension

1. Should the CPS receive a complaint about the Supplier, it will conduct an investigation, notify the Supplier of the results and allow the Supplier ten (10) days to respond if they wish to.

2. Any act done by or under the authority of the Chief pursuant to any provision of this Towing Agreement may be appeal to the Board by any person affected thereby as outlined in Schedule “C”.

IN WITNESS WHEREOF the parties hereunto by the hands of their proper signing officers in that behalf.

THE COBOURG
POLICE SERVICES BOARD TOW COMPANY

Chair Print Tow Company Name

Date Authorized Signature

Print Name of Authorized Signature

Witness Signature

Print Name of Witness

SCHEDULE “A”: RATES: Town of Cobourg

Tow Area: Town of Cobourg (To be completed as part of RFP)

Rates are applicable from April 01, 2018 to December 31, 2021 and are not to exceed:

Towing:
(Includes clean up, wheel lift, tow sling, tilt-load/flat bed, off road recovery, additional cable and any other equipment deemed necessary.) Please differentiate any costs.

Subsequent tows, save and except the CRC:
CRC tows should the CRC be closed initially

____________________

$ ___________(per vehicle tow)

$_____________

Storage – for each 24-hour period or part thereof: $_____________

Any tow requested by the owner not covered by this Agreement will be subject to a $______ per kilometer charge.

Note: There are no other charges that are acceptable unless deemed extraordinary (and/or involve a third party) by the Traffic Management Unit. No charges shall be paid, by any party for wait time.

SCHEDULE “B”: LICENSE REQUIREMENTS

1. Applicants must meet the following requirements:

a) Complete an application for the Tow Truck Driver’s License;

b) Have a current, valid and non-probationary driver’s license issued by the Ministry of Transportation Ontario;
c) Undergo a Police Records check, vulnerable record check and criminal records check;

d) Provide an MTO driver’s record;

e) Pay the fees noted below;

f) Not have any outstanding criminal charges pending before the courts;

g) Comply with all the requirements of the Towing RFP and Contract;

2. An applicant may be denied a Tow Truck Driver’s License because he/she:

a) Has breached the provisions of the Towing RFP and Agreement for Towing Services;

b) Have been convicted or found guilty under the Criminal Code of Canada or under the Controlled Drugs and Substances Act for offences that suggest a concern by the Chief for public safety and have not received a pardon;
c) Have a record of driving offences that suggest a risk to the public;

d) Have a medical history which may affect the safe operation of a limousine thereby compromising public safety;
e) Have not been honest in filling out the application form.

f) Have a police records check that suggests a risk to public safety.

Should an applicant not be recommended for a Tow Truck Driver’s License, he/she will be advised that he/ she may appeal the decision of the Chief to the Cobourg Police Services Board.

SCHEDULE “C”: GUIDELINE FOR TOW TRUCK DRIVER/SUPPLIER APPEAL PROCESS

1. When a Tow Truck Driver has been denied a license or has had their license suspended or revoked, the applicant/licensee will be informed by the Traffic Unit Supervisor in writing explaining why they have been denied the license or their license has been suspended or revoked and advising them that they may appeal this decision to the Cobourg Police Services Board (“the Board”).
2. The letter to the applicant/licensee will advise them that they may contact the Executive Assistant to the Board to request an opportunity to appear before the Board to make submissions as to why they should be granted a license. (905-372-6821 ext. 2255 – Administration Office)
3. The applicant/licensee (appellant) shall, within seven (7) days before the Board Hearing, submit in writing their reasons for the appeal and include any documents they wish to rely upon.
4. The Chief shall respond to the appellant’s written submissions and this response will be made available to the appellant at least forty-eight (48) hours before the hearing.
5. During the hearing the Chief or their designate will make a presentation before the Board regarding the concerns about granting the license to the appellant.
6. The appellant will have an opportunity to make a ten-minute oral submission to the Board to respond to the Chief’s presentation, as well as filing any documents they feel may assist in their appeal. The appellant may have someone else speak on their behalf if they so wish.
7. Once the appellant has completed their submissions, the Board will withdraw to make their decision and the appellant will be advised of the Board’s decision in writing within two-weeks of the hearing.
8. The Board may extend any time frame contained in this Schedule at its sole discretion.

9. The decision of the Board is final and cannot be appealed.
APPLICATION FOR TOWING SERVICE

TOW AREA:

Towing Service Operated By:

Location/Address of Office:

Number of Clerical Staff: Number of full and part-time tow staff:

Size and Location of Security Pound(s) (Describe outdoor and indoor facilities):

Description of type of Security (including type of fence, lighting and/or guard dog(s).

State maximum number of vehicles that can be stored in Security Pound(s). (Outdoors) (Indoors)
Description of any additional space that may be available in case of overflow.

Description of towing vehicles owned and or operated by applicant.

All vehicles listed below must conform to all applicable legislation, including but not limited to each vehicle being CVOR registered and successfully pass an annual inspection. All documentation is to be supplied to the PPS with this application.

Year Make Size Type of Towing Equipment Current License

on Each Vehicle Plate on
Vehicle

Description of vehicles not owned and or operated by applicant, but available for applicant’s use.

Year Make Size Type of Towing Equipment Current License

on Each Vehicle Plate on
Vehicle

Description of all other types of equipment available on each vehicle other than lift or towing equipment.

Please indicate if you have ever declared bankruptcy or had a vehicle repossessed in your capacity as a tow truck operator/owner:

Please feel free to attach any additional information to this submission.