B&D TOW -2016 - Laserfiche WebLink

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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 administrative 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 the complaint, 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 complaint, the findings of the investigation, past complaints 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 five (5) years from the date of complaint. Therefore, multiple infractions 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 sanctions where major rule violations have been committed or there are aggravating facts associated with the misconduct. The following actions may be recommended: 1. No further action. 1 Issue a written warning. 3. Impose a suspension for minor violations (one (1) to 30- days). 4. Impose a suspension for multiple minor violations or a single major violation (30 to 90- days). S. 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 minor 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 facts. 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 agents, are determined to pose a danger to the public, have an excessive number of complaints