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w!'•j <br />�_"I�l CITY OF SANTA ANA <br />Subsection G shall be grounds for the termination of the agreement between the City and the <br />Contractor. <br />The Contractor must be willing to must enter into a separate agreement, contract, or license for <br />DTS software, or any other software solution implemented by the City, with the owner of that <br />proprietary software. The City shall not provide the software program, any licensing or sub - <br />licensing thereof or any intermediary services for the procurement by the Contractor of the <br />software program. This Contract shall not be executed by the City until the Contractor has <br />demonstrated to the City's Project Manager or designee satisfactory compliance with the <br />requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and <br />service charges required for the procurement and use of DTS software or any similar software <br />solution. <br />If the City should elect to use a different program than DTS at some point in the future, the <br />Contractor agrees to comply with the above requirements as it relates to the new software solution <br />after provided reasonable notice by the City and sufficient opportunity to procure said software <br />program. <br />N. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICES <br />1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the <br />Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700 <br />without charge to the City. <br />a. If this service does not result in a vehicle tow, it shall not be considered a rotational call <br />and the tow company shall be placed back on the top of the rotational tow list. <br />b. Police employees should not call a rotational tow to the scene of a collision for the sole <br />purpose of cleaning up debris. However, should this occur or become necessary, the <br />Contractor may bill the City for the cost of the response in accordance with the City's <br />Towing and Storage Fee Schedule. <br />O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS <br />The Contractor acknowledges that the services provided under this contract are integral to <br />the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore, <br />the Contractor agrees to perform the duties of this contract regardless of weather or other <br />adverse conditions including, but not limited to, any disasters whether man-made or acts of <br />God. <br />2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing <br />levels to meet the increased demands for service during these times. <br />3. Should the Contractor be unable to fulfill their responsibilities under the conditions described <br />in this section, the Contractor shall be responsible for any and all costs incurred by the City <br />should the need to hire outside contractors become necessary to meet the needs of the <br />Police Department due to the Contractor's default. <br />P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES <br />RFP No. 21-060 Police Rotational Towing and Storage Services Page 32 of 39 <br />