Item 27 - Agreements for Rotational Towing Services and Storage Services

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(9) CITY OF SANTA ANA U. DISCIPLINARY ACTION The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms and conditions of this agreement shall be cause for disciplinary action. However, nothing in this agreement shall preclude the City from taking appropriate enforcement action for violations of the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic Commander shall take into account the nature of the alleged violation, the findings of the investigation, past violations made against the Contractor, and/or sustained against the Contractor, and past practice of the Department to maintain equitable treatment of all Contractors assigned to the rotational tow list. Depending on the nature and complexity of the sustained violation, the Traffic Commander may allow the Contractor or designee to provide a brief written statement for consideration and/or may contact Contractor to ask additional questions. Disciplinary action shall typically be progressive in nature and based on the Contractor's record during the previous 5 years from the date of the sustained violation. Therefore, multiple violations for similar offenses, regardless of their severity, will result in increased disciplinary action. However, this does not preclude the Traffic Commander from recommending more serious disciplinary actions where violations have been committed or there are aggravating factors associated with the misconduct. The following actions may be recommended: 1. No further action. 2. Issue a written warning. 3. Impose a suspension for violations (1 to 30-days). 4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90-days). 5. Termination of the contract for cause and immediate removal from the rotation list. The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The Traffic Commander shall have the authority to impose discipline up to and including the imposition of a suspension for violations as long as the suspension does not exceed 30-days in length. However, nothing in this article shall preclude the Traffic Commander from reducing the recommended discipline based on mitigating factors. Recommended suspensions exceeding 30-days in length or termination from the rotation list shall be approved by the Field Operations Bureau Commander prior to imposition. The Traffic Commander may recommend to the Chief of Police the immediate termination of this agreement if the conduct of the Contractor, or its agents, are determined to pose a danger to the public, have an excessive number of violations that tax the investigative resources of the Police Department, or the Contractor's actions reflect negatively upon the City. V. RIGHT TO APPEAL Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit a written appeal within ten (10) business days to the Field Operations Bureau Commander. Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue their findings in writing within ten (10) business days. Upon receipt of the Field Operations Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic RFP No. 21-060 Police Rotational Towing and Storage Services Page 35 of 39