Item 27 - Agreements for Rotational Towing Services and Storage Services

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(9) CITY OF SANTA ANA L. MISCELLANEOUS PROVISIONS The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP) permit, which shall be provided to the City's Project Manager or designee. The expiration or suspension of the MCP shall result in immediate suspension from the rotation list as well as possible disciplinary action. 2. There may be times when the Contractor comes across a vehicle blocking the roadway although not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This service shall be provided without cost to the City or vehicle owner, and shall not affect the Contractor's position on the rotation list. 3. The Contractor shall be held accountable for all vehicles, personal property and vehicle accessories once the vehicle is in the possession of the driver and/or stored at their facility. The Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once the vehicle is in the custody of the Contractor. 4. There shall be no photography or video recording at the scene of a tow or collision by the Contractor or any employee unless directly related to the towing operation. Photographs or video recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but in no case shall capture any image of a person(s) injured or killed at the scene. 5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a gratuity to any member of the City in violation of CVC § 12110(a) and the City's gift ban ordinance. 6. The Contractor shall remain in compliance with CVC § 10652 as required. 7. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police Department have an interest in ensuring any Contractor working on its behalf is not associated with these practices. In addition, tow companies that engage in PPI's are subjected to complaints and investigations on a more frequent basis than those that do not participate in this facet of the towing business. Therefore, the City strongly discourages any Contractor assigned to the rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana. Subject to the investigative process outlined in the RFP, any company found to be in violation of PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws or regulations associated with PPI's shall be subject to suspension or immediate removal from the rotation list for sustained complaints or convictions for violations of the law. M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE The City uses Dispatch & Tracking Solutions (DTS) software for its rotational towing administration. The Contractor shall agree to utilize the most recent, updated, upgraded Dispatch & Tracking Solutions software program (DTS), or any other software solution selected by the City, to dispatch and track tow activity via a web -based Internet connection. All tow requests originating from the Santa Ana Police Department may be made utilizing this program. The Contractor's failure to have the DTS program in full operation and to acknowledge tow requests in a timely manner pursuant to this RFP shall result in a finding of default and shall result in immediate suspension from the tow rotation list. Failure to remedy the problem as set forth in Section VI, RFP No. 21-060 Police Rotational Towing and Storage Services Page 31 of 39