Weeks after the improper charging of users who used the computer application corresponding to the blue zone of Benidorm was reported, the City Council of the tourist city concludes that the service concessionaire company, which includes the municipal tow truck, has incurred seven violations very serious during his management, and five of them are cause for “immediate termination of the contract.”
In addition, the Department of Mobility requires the firm again to reimburse users for the management expenses improperly charged through the 'app'. This was made known this morning by the councilor responsible for the area, Francis Muñoz, who will propose to the plenary session next Monday to initiate the contractual resolution file for the public service of the blue zone and the municipal crane as a consequence of the non-compliance detected and reflected in reports. technicians.
The proposal entails annulling the sanctioning file initiated after the plenary agreement last April and initiating the aforementioned contractual resolution file. It is also proposed to terminate the contract and, therefore, annul the administrative contractual relationship of the winning company - the UTE Autobuses Playa de San Juan and SICE - with the Benidorm City Council. This resolution would entail the loss of the company's deposit.
However, the proposal includes granting a hearing procedure for the concessionaire to argue and present the documents they consider within a period of ten days. In the event that the successful bidder opposes the termination of the contract, the file and allegations will be sent to the Consell Jurídic Consultiu to issue the corresponding opinion. In that case, the calculation of the period to resolve the procedure would be suspended until said opinion is received.
The proposal that Muñoz will take to the plenary session also proposes declaring the contractor's "repeated non-compliance" with the obligations contracted in the contract, as well as requiring him "to cease committing the infractions detected within a maximum period of five days" and to reimburse “parking fees improperly accrued to users of the ORA zone.”
There are seven non-compliances included in the technical reports: Charging more than what is established by the applicable rate; not communicating to the City Council the additional collection of alleged unapproved management expenses; reduction of personnel assigned to the contract without municipal authorization; cessation of current technical assistance; non-compliance with the existence of an office on the street with regulated parking; non-compliance with the vending ATM by not dispensing money and non-compliance with office materials and equipment.
All of these breaches are classified as “very serious infractions” and five of them, according to the technical report, entail “immediate termination of the contract.”
