J&R TOWING-2013 - Laserfiche WebLink

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The Contractor shall have the right to appear in person or submit a written appeal within ten (10) business days of requesting an appeal. All appeals for Contractor's requesting to appear in person shall be held as soon as possible and conducted by the Field Operations Bureau Commander, or designee. The Contractor shall be given the opportunity to present all relevant facts and circumstances in support of the Contractor's position. The Contractor may also offer testimony of qualified individuals that will help strengthen their position, up to a maximum of three people. The Field Operations Bureau Commander may request the Traffic Commander, Legal Advisor, any member of City staff or any other person with expertise be present to assist in determining the appropriate course of action. The Field Operations Bureau Commander shall issue their findings in writing within ten (10) business days of the hearing or receipt of written appeal. If the Contractor disagrees with the findings of the appeal, their final remedy shall be the opportunity to submit a written appeal to the Chief of Police within ten (10) business days, via the Traffic Commander. The Chief of Police shall issue a written decision within (10) business days. The decision of the Chief of Police shall be final and there will be no further opportunities for administrative appeal. Disciplinary action shall not be imposed until the hearing and appeal process has been exhausted. However, if the conduct of the Contractor is deemed to be so egregious or poses a danger to public safety, the City may exercise its right to immediately suspend the Contractor as set forth in this agreement. In such cases, the time during which the Contractor is suspended may be applied to the balance of a suspension imposed by the City, at the discretion of the hearing officer, and shall be the Contractor's only remedy as far as a pre-hearing suspension is concerned. Any time in excess of that credited toward an imposed suspension shall be lost. Failure to request an appeal, submit a written appeal, or appear at a mutually agreed upon hearing will waive the Contractor's right to further appeal and disciplinary action shall be imposed. V. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative during the first year to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a monthly basis or as determined necessary by the City. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected immediately, or within a reasonable period, may result in the Contractor being found in default of this agreement as described in Agreement Section 11. B., which may result in suspension from the rotation list until the issue(s) is/are corrected in a satisfactory manner as set forth in the specifications or termination. W. MATERIALS AND EQUIPMENT The contractor shall make a reasonable effort to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors. Contractor shall report its efforts as requested by the City.