12/22/11 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 22, 2011 418 b. Contractor holds a valid license under Section 4-20.5 of the South Bend Municipal Code; c. Contractor has an established business and storage lot within the city limits of South Bend; d. Neither contractor nor any employee shall have been convicted of; i. Any crime within three (3) years prior to the date of application; ii. Any crime connected with the towing and storage of vehicles within five (5) years of the date of application. e. Neither contractor nor any employee shall currently have any criminal charges pending in connection with the towing and storage of vehicles; and f. There are no outstanding judgments against the contractor arising out of the towing business which are more than six (6) months old or are on appeal. 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 subparagraph from 5 (g) through and including 5 (k) or paragraph 13 of this agreement; or iv. Discovery of any fraud, material misrepresentation, or false statement contained in the application for the list, yearly affidavit 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. However, if the contractor, any employee of contractor or any principal (officer, manager, or owner of 20% of the company) is convicted of after the application date of any a crime connected with the storage or towing of vehicles, or of any felony, the contractor shall be removed for a period of three (3) years. vi. A second violation of paragraph 3(c)(ii) within a three (3) year period. vii. Other violations of this Resolution or the fee schedule adopted by the Board of Public Works. c. For a period of I 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 made in writing to the 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 Chief of the South Bend Police Department or his designee 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 7 calendar days after the date of mailing of the notice. The Board shall hear the appeal not later than its next regularly scheduled meeting occurring 72 hours after the filing of the appeal. If an appeal has been filed, then the contractor shall remain on the list, but shall be passed over until the Board of Public Safety can conduct a hearing in accordance with this paragraph. If there is no appeal, the removal of the contractor from the list shall commence at midnight at the start of the 8th day after the mailing of the letter, unless the contractor notifies the Traffic Bureau Commander that it wishes the suspension to commence at an earlier date. If a contractor is suspended from the list for any reason set fourth in paragraph 3(b) or 3(c), the contractor shall be placed at the bottom of the rotation list at the end of the suspension if a vacancy still exists. Otherwise the contractor, unless it requests otherwise, shall be added to the