Item 27 - Agreements for Rotational Towing Services and Storage Services

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CITY OF SANTA ANA 6. The Contractor shall permit the City to inspect acid audit its books and records regarding City provided services at any reasonable time. S. AUDITS AND INSPECTIONS The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s) assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms and conditions of this agreement. All work found during such audits or inspections to be substandard or failing to conform to the requirements of this agreement shall be corrected immediately by the Contractor and the City shall have the right to immediately suspend the Contractor from the rotation list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the Agreement may result in termination of the contract. T. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND CONDITIONS OF AGREEMENT Whenever an alleged violation is lodged against a Contractor or initiated by the Police Department, the Traffic Commander shall assign a supervisor from the Traffic Division to investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted and the findings documented for review. To the extent required by law, the Contractor shall cooperate fully in the investigation and provide any documentation requested by the investigator to assist in making a finding. In addition, the Contractor shall be given the opportunity, either orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator. The City expects that the Contractor will demonstrate professional business practices and truth in reporting as it relates to any records or information requested. Violations shall include, but not be limited to, situations such as poor customer service, failure to comply with non -safety related terms of the agreement, or minor equipment or facility deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658 as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses, theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations of this agreement. If it is determined that criminal charges are appropriate, the assigned investigator shall document the incident on a crime report and present the case to the appropriate prosecuting authority for review. Based on the nature and seriousness of the misconduct being investigated, the Chief of Police may temporarily suspend the Contractor, or its agent individually, from the rotation list until the investigation is completed and a proper disposition is reached. The standard for sustaining a violation made against the Contractor or the Contractor's agent shall be a preponderance of the evidence, regardless of the nature of the violation. Other investigative findings may include unfounded (false or factually incorrect), exonerated (action occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive due to insufficient evidence or independent witnesses). All alleged violations shall be forwarded to the Traffic Commander for review. Upon a determination of a sustained violation, a recommendation for discipline shall be made, if appropriate. RFP No. 21-060 Police Rotational Towing and Storage Services Page 34 of 3