B&D TOW -2016 - Laserfiche WebLink

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issue(s) is /are corrected. Failure to correct in a reasonable timeline as outlined in this Agreement may result in termination of the contract. T. INVESTIGATION OF COMPLAINTS, LAWS, RULES, OR TERMS AND CONDITIONS OF AGREEMENT Whenever a complaint or allegation 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. Minor infractions shall include, but not be limited to, situations such as poor customer service, failure to comply with non - safety related terns of the agreement, or minor equipment or facility deficiencies. Major infractions shall include, but not be limited to, 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 PPPs, criminal violations (moral turpitude, DUI, drug related offenses, theft, etc.), 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 complaint 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 complaints shall be forwarded to the Traffic Commander for review, approval and determination/recommendation of discipline if appropriate.