25F - AGMT - TOWING SRVS - Laserfiche WebLink

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O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS The Contractor acknowledges that the services provided under this contract are integral to the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore, the Contractor agrees to perform the duties of this contract regardless of weather or other adverse conditions including, but not limited to, any disasters whether man -made or acts of God. 2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing levels to meet the increased demands for service during these times. 3. Should the Contractor be unable to fulfill their responsibilities under the conditions described in this section, the Contractor shall be responsible for any and all costs incurred by the City should the need to hire outside contractors become necessary to meet the needs of the Police Department due to the Contractor's default. P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES 1. The Contractor shall exercise due care and caution at all times for the protection of all persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor. 2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards, and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle traffic lanes or render assistance to a motorist while exercising due care for the safety of the tow truck driver, the motorist and the motoring public. Tow hock drivers should be trained in scene management in accordance with this section. The Contractor shall ensure that all appropriate traffic safety warning devices are utilized as deemed necessary. Contractors will be required to respond to calls where vehicles have collided with other objects and may have already caused damage to varying degrees. The methods proposed _by the Contractor for towing and recovery services shall be reasonable and consistent with industry standards, best practices, and in a manner that shall not cause unnecessary additional harm, deface or damage any City or private property. In the event that damage to the City's right -of -way or private property has occurred due to the negligence of the Contractor, the Contractor shall be solely responsible for its repair or replacement in excess of the amount covered by the required insurance. 25F -54