03/27/00 Board of Public Works Minutes

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REGULAR MEETING MARCH 27, 2000 WHEREAS, the previous resolution of this Board (34-1999) needs to be amended to facilitate the prompt removal of abandoned or illegal vehicles; and NOW, THEREFORE, BE IT RESOLVED BY the Board ofPublic Works for the City of South Bend that the Police Chief of the City of South Bend be, and hereby is, designated as the agent of the Board for the limited purpose of entering into, and is authorized to enter into contracts with individual contractors for removal of illegal or abandoned vehicles from the pubic streets and alleys within the City of South Bend. BE IT FURTHER RESOLVED by the Board of Public Works that the following terms and conditions shall be, and hereby are, binding upon all individual contractors who provide emergency towing services to the City and shall be, and hereby are, made a part of every contract for emergency towing services entered into between the Chief of the South Bend Police Department and any such contractor for such services: 1. Contractors shall be called when necessary from a rotating list, (hereinafter called "list"), which the list is to be kept available for the public inspection at the South Bend Police Department. However, when an oversized vehicle must be towed, the next contractor on the list which has indicated in writing that it has the capacity for such a tow shall be called without losing its place on the list. 2. Any qualified contractor may apply to be placed on the list by filing an application with the Board of Public Works. Upon the application being formally filed with the Board, and a showing that all other requirements stated herein have been met, including the posting of the required bond, the new contractor shall be placed at the bottom of the list or on a waiting list. 3. Contractor may be removed from the list: a. At any time by the contractor's request. b. For a period of one year upon any of the following: i. On three (3) occasions within any one-year period the contractor fails to arrive at the requested scene within a reasonable time after receiving notice. ii. On three (3) occasions within a one-year period or on any two (2) consecutive occasions contractor cannot be reached by the South Bend Police Department Communication Center for any reason; or iii. Contractor ceases to comply with any paragraph from 5 (g) through and including 5 0) of this agreement; or iv. Discovery of any fraud, material misrepresentation, or false statement contained in the application for the list or for any license required by this Resolution. v. A contractor or any employee of contractor shall be convicted after the application date of a crime connected with the storage or towing of vehicles. vi. A second violation of paragraph c (ii). c. For a period of 1 month: i. Whenever there are 3 substantiated complaints within any one year period against the contractor or for a violation of any portion of this agreement other than those specifically mentioned in paragraph 3 (b). For purposes of this paragraph a complaint must be delivered to the officer in charge of the Traffic Bureau ofthe South Bend Police Department and investigated by that Agency. ii. Whenever the records of the South Bend Police Department Communications Center show that for any quarter of the year the contractor failed for whatever reason (i.e., too busy, doesn't answer phone, etc.) to respond to 10% or more of the requests for service from the South Bend Police Department Communications Center. The officer in charge of the Traffic Bureau of the South Bend Police Department shall notify the contractor in writing of the finding of this violation. The finding may be appealed by the contractor only to the Board of Public Safety within 10 calendar days after the date of mailing of the notice. The Board shall hear the appeal at its next regularly scheduled meeting occurring 72 hours after the filing of the appeal.