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(9)CITY OF SANTA ANA <br />6. The Contractor shall permit the City to inspect and audit its books and records regarding City <br />provided services at any reasonable time. <br />S. AUDITS AND INSPECTIONS <br />The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s) <br />assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms <br />and conditions of this agreement. All work found during such audits or inspections to be substandard <br />or failing to conform to the requirements of this agreement shall be corrected immediately by the <br />Contractor and the City shall have the right to immediately suspend the Contractor from the rotation <br />list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the <br />Agreement may result in termination of the contract. <br />T. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND CONDITIONS <br />OF AGREEMENT <br />Whenever an alleged violation is lodged against a Contractor or initiated by the Police <br />Department, the Traffic Commander shall assign a supervisor from the Traffic Division to <br />investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted <br />and the findings documented for review. To the extent required by law, the Contractor shall <br />cooperate fully in the investigation and provide any documentation requested by the investigator <br />to assist in making a finding. In addition, the Contractor shall be given the opportunity, either <br />orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator. <br />The City expects that the Contractor will demonstrate professional business practices and truth <br />in reporting as it relates to any records or information requested. <br />Violations shall include, but not be limited to, situations such as poor customer service, failure <br />to comply with non -safety related terms of the agreement, or minor equipment or facility <br />deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a <br />customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658 <br />as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses, <br />theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations <br />of this agreement. <br />If it is determined that criminal charges are appropriate, the assigned investigator shall document <br />the incident on a crime report and present the case to the appropriate prosecuting authority for <br />review. <br />Based on the nature and seriousness of the misconduct being investigated, the Chief of Police <br />may temporarily suspend the Contractor, or its agent individually, from the rotation list until the <br />investigation is completed and a proper disposition is reached. <br />The standard for sustaining a violation made against the Contractor or the Contractor's agent <br />shall be a preponderance of the evidence, regardless of the nature of the violation. Other <br />investigative findings may include unfounded (false or factually incorrect), exonerated (action <br />occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive <br />due to insufficient evidence or independent witnesses). <br />All alleged violations shall be forwarded to the Traffic Commander for review. Upon <br />a determination of a sustained violation, a recommendation for discipline shall be made, if <br />appropriate. <br />RFP No. 21-060 Police Rotational Towing and Storage Services Page 34 of 39 <br />