Laserfiche WebLink
BE IT FURTHER RESOLVED by the Board of Public Works that the following terms and <br />conditions shall be, and hereby are, binding upon all individual contractors who provide emergency <br />towing services to the City and shall be, and hereby are, made a part of every contract for emergency <br />towing services entered into between the Chief of the South Bend Police Department and any such <br />contractor for such services: <br />1. Contractors shall be called when necessary from a rotating list, (hereinafter called "list"), <br />which the list is to be kept available for the public inspection at the South Bend Police Department. <br />However, when an oversized vehicle must be towed, the next contractor on the list which has <br />indicated in writing that it has the capacity for such a tow shall be called without losing its place on <br />the list. <br />2. Any qualified contractor may apply to be placed on the list by filing an application with the <br />Board of Public Works. Upon the application being formally filed with the Board, and a showing that <br />all other requirements stated herein have been met, including the posting of the required bond, the <br />new contractor shall be placed at the bottom of the list or on a waiting list. <br />3. Contractor may be removed from the list: <br />a. At any time by the contractor's request. <br />b. For a period of one year upon any of the following: <br />i. On three (3) occasions within any one-year period the contractor fails to <br />arrive at the requested scene within a reasonable time after receiving notice. <br />ii. On three (3) occasions within a one-year period or on any two (2) <br />consecutive occasions contractor cannot be reached by the South Bend Police <br />Department Communication Center for any reason; or <br />iii. Contractor ceases to comply with any paragraph from 5 (g) through and <br />including 5 6) of this agreement; or <br />iv. Discovery of any fraud, material misrepresentation, or false statement <br />contained in the application for the list or for any license required by this <br />Resolution. <br />v. A contractor or any employee of contractor shall be convicted after the <br />application date of a crime connected with the storage or towing of vehicles. <br />c. For a period of 1 month, whenever there are 3 substantiated complaints within <br />any one year period against the contractor or for a violation of any portion of this <br />agreement other than those specifically mentioned in paragraph 3 (b). For purposes <br />of this paragraph a complaint must be delivered to the officer in charge of the Traffic <br />Bureau of the South Bend Police Department and investigated by that Agency. Said <br />officer shall notify the complainant and contractor in writing of the finding, and that <br />finding may be appealed by the contractor only to the Board of Public Safety within <br />10 calendar days after the date of mailing of the notice. The Board shall hear the <br />appeal at its next regularly scheduled meeting occurring 72 hours after the filing of the <br />appeal. <br />The removal of the contractor from the list shall commence upon the 11 th day <br />after the mailing of the letter, unless the contractor notifies the Traffic Bureau <br />Commander that it wishes the suspension to commence at an earlier date. If a <br />contractor is suspended from the list for any reason set fourth in paragraph 3(b) or <br />3(c), the contractor shall be placed at the bottom of the rotation list at the end of the <br />suspension if a vacancy still exists. Otherwise the contractor shall be added to the <br />waiting list at the end of the suspension. <br />4. Upon receipt of a request from the South Bend Police Department, the South Bend Police <br />Communications Center will contact the approved contractors in order of rotation to impound the <br />abandoned, illegal, or crashed vehicle until a contractor is located who can immediately commence <br />impounding or towing. <br />5. Responsibility of contractor: <br />a. Storage lot, Office and Records shall be open and available for South Bend Police <br />Department inspection any time of the day or night; <br />b. Any and all impounded vehicles stored over 72 hours must have Indiana report <br />Form 322 completed. When twenty (20) or more such forms are collected, they will <br />