12/22/11 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 22 2011 420 number for any reason, the next eligible contractor on the waiting list shall be notified by regular mail and shall have 2 weeks from the date of the letter to verify its application, post a current bond, and otherwise, comply with all requisites. If the contractor should fail to do so, it shall be stricken from the waiting list and the open spot shall be assigned to the next name on the waiting list subject to these conditions and notice issued.. 9. Contractors shall be compensated by directly collecting from the owner of the property or by disposal of the vehicle in accordance with state law. Contractor shall not have any claim against the City for reimbursement of labor or materials furnished hereunder except to the extent that the City has been able to collect from the property owners. 10. If a contractor or any employee of contractor is charged in a court of competent jurisdiction with the commission of a crime connected with the storage or towing of vehicles, contractor shall be temporarily suspended until exonerated in court by either dismissal of the charge or a not guilty finding. 11. No contractor or principal owner of contractor (20% or more of the ownership interest) shall have any ownership interest in any other contractor on this list. Violation of this paragraph is cause for removal of both contractors from the list for a period of five years. 12. Contractor shall provide a certificate of liability insurance in the amount of$700,000 per occurrence, naming the City of South Bend as an additional insured for all work done under these contracts. 13. Contractor agrees to indemnify the City for any liability costs, attorney fees, or damages arising out of any action of the contractor. 14. Between January 1" and March 31" of each year, the contractor shall present to the Clerk of the Board of Public Works proof of current insurance in compliance with paragraph I I and an affidavit stating that it currently meets all qualifications set forth in paragraph 2 and listing its current location(s). However, in 2008 only, the proof and affidavit need not be filed until May 31, 2008. 15. Nothing in this resolution shall prohibit the City of South Bend from modifying this ......__.. policy from time to time, nor shall anything contained herein prohibit the City of South Bend from utilizing its own towing vehicles for any purpose, nor from requiring that the vehicle be towed to its own storage lot. Dated this 22nd day of December, 2011. BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Don Inks, Member s/Thomas Price ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 88-2011 — A RESOLUTION ESTABLISHING FEES FOR TOWING COMPANIES CONTRACTING WITH THE SOUTH BEND POLICE DEPARTMENT Upon a motion made by Mr. Gilot, seconded by Mr. Price and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 88-201.1 A RESOLUTION ESTABLISHING FEES FOR TOWING COMPANIES CONTRACTING WITH THE SOUTH BEND POLICE DEPARTMENT WHEREAS, it is necessary that there be available to the South Bend Police Department around the clock towing services to remove illegal cars in the street or cars which have been involved in accidents and cannot be removed by their owners; and WHEREAS, the City of South Bend has elected not to maintain its own around the clock tow fleet at this time, but to utilize a rotating list of private South Bend tow companies; and