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(A) Non-compliance with the provisions of this Section by a vendor shall be grounds for:
(1) A fine of $100 for the first offense on a contract, escalating to $150 for the second offense and $200 for the third offense; and
(2) Termination of the contract.
(B) This Section shall be enforced by the Inspectional Services Department’s Weights and Measures Division and the Boston Police Department. The Boston Police Department and the Inspectional Services Department shall determine non-compliance with the provisions of this Section and any applicable regulations and may make recommendations, if any, to the contracting Department.
(C) The Inspectional Services Department shall issue, for a vendor’s large vehicles, a compliance certification through a vehicle inspection of convex mirrors, lateral protective devices and decals prior to the date vendor begins work on a contract. A fee to cover the costs associated with inspection will be determined by the Commissioner of the Inspectional Services Department and passed on to the vendor.
(D) Vehicle compliance will be certified with a sticker denoting the year of inspection. Inspections must be updated biennially.
(E) Vendors may file for a waiver as stipulated in Subsection 4-8.7. Waiver applications must be made in writing at the time of contract bid to the Commissioner of Inspectional Services, the Department requesting services and the Commissioner of Transportation. Waiver applications filed after contract bids will not be considered.
(F) Inspectional Services Department shall issue an annual report to be filed with the Mayor and the City Clerk and transmitted by the Clerk to the Boston City Council on the actions undertaken by the Inspectional Services Department on enforcement of this Section no later than May 31 of each year. The annual written report shall include, but not be limited to, the following items for the 12-month period prior to the report’s due date:
(1) Any financial costs to the city associated with this Section;
(2) The number of vehicles this Section applied to;
(3) The number of vehicle exemptions, if any;
(4) The total number of inspections performed by inspectors and any subsequent violations of this Section; and
(5) Evaluation of safety performance on equipped vehicles from Boston EMS and BPD reports of incidents.
(CBC 1985 4-8.6; Ord. 2014 c. 14)
(A) If a vendor or Department determines that extenuating circumstances exist which prevent the vendor from complying with this Section, then such vendor or Department may request an exemption from compliance to the city with its provisions. Waivers are issued at the sole discretion of the city.
(B) This Section does not apply to:
(1) A motor vehicle which has a maximum speed not exceeding 15 mph;
(2) An agricultural trailer;
(3) A fire engine;
(4) An emergency medical vehicle;
(5) A vehicle which is being driven or towed to a place where by previous arrangement a side under-ride guard is to be fitted so that it complies with this Section;
(6) Vehicles used solely for the purpose of snow removal;
(7) Street sweeper vehicles; and
(8) City of Boston Fleet Vehicles purchased before July 1, 2014.
(CBC 1985 4-8.7; Ord. 2014 c. 14)
The provisions of this Section are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
(CBC 1985 4-8.9; Ord. 2014 c. 14)
(A) This Section shall take effect 180 days after passage and shall apply to all new contracts awarded and to all renewal terms of existing contracts executed after that date.
(B) City of Boston fleet vehicles purchased after July 1, 2014 that are large vehicles as defined herein will be required to comply with the provisions of this Section.
(C) The Inspectional Services Department, Boston Police Department and the Transportation Department shall issue rules and regulations to implement the provisions of this Section within 90 days of the date it takes effect.
(CBC 1985 4-8.10; Ord. 2014 c. 14)
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