Common use of Grounds for Suspension Clause in Contracts

Grounds for Suspension. a. The Parties agree that any of the following are grounds for Xxxxx County, the DCSO, and/or the Dispatch Center to suspend the Company from one or more of the Tow Truck Rotation Lists for a minimum of five business days up to the entire term of this Agreement, upon sending the Company a written notice of suspension, which will preclude the Company from providing services under this Agreement until the period of suspension has expired: 1) A breach or violation or this Agreement and/or a violation of laws, rules, regulations, or otherwise by the Company and/or the Company’s representatives; 2) The commencement of an investigation by one or more federal or state agencies or entities into alleged violations of law, rule, regulation, or otherwise by the Company or the Company’s Representations; 3) The commencement of an investigation by Xxxxx County, the DCSO, and/or the Dispatch Center into alleged violations of this Agreement or law, rule, regulation, or otherwise by the Company and/or the Company’s representatives or of a written complaint submitted against the Company and/or the Company’s representatives to Xxxxx County, the DCSO, and/or the Dispatch Center; 4) A second written notification from the Dispatch Center to the Company for the same or similar offense within the term of this Agreement that is a violation of one or more of the terms or provisions of this Agreement and/or a violation of one or more laws, rules, regulations, or otherwise; 5) The lapse or expiration of any of the insurance policies required under this Agreement during the term of this Agreement and without a renewal insurance policy that satisfies the terms of this Agreement; 6) The Company’s failure to timely respond to a scene under this Agreement; and 7) The Company’s failure to maintain and retain accurate and complete records as required by this Agreement and applicable law, rule, regulation, or otherwise. b. The DCSO and the Dispatch Center shall have sole discretion regarding the length of any suspension imposed upon the Company pursuant to the provisions of this Agreement. c. The Company shall comply with all of the terms of the suspension (i.e. ceasing particular practices or conduct, restitution to victims, and fulfillment of court orders) before the Company may be considered for reinstatement under this Agreement. d. The Company may appeal a suspension issued by the Dispatch Center under this Agreement to the Chief Deputy over law enforcement (who may consult with a representative from another law enforcement agency) within thirty calendar days after Xxxxx County, the DCSO, and/or the Dispatch Center mails a written notice of suspension to the Company. All decisions made by the Chief Deputy over law enforcement on appeals made by the Company are final. While an appeal of a suspension is pending, the suspension shall remain in full force and effect.

Appears in 3 contracts

Samples: Application and Agreement for Towing Rotation Lists, Application and Agreement for Towing Rotation Lists, Application and Agreement for Towing Rotation Lists

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Grounds for Suspension. a. The Parties agree that any of the following are grounds for Xxxxx Davis County, the DCSOSheriff’s Office, and/or the Dispatch Center to suspend the Company from one or more of the Tow Truck Rotation Lists for a minimum of five business days up to the entire term of this Agreement, upon sending the Company a written notice of suspension, which will preclude the Company from providing services under this Agreement until the period of suspension has expired: 1) A breach or violation or this Agreement and/or a violation of laws, rules, regulations, or otherwise by the Company and/or the Company’s representatives; 2) The commencement of an investigation by one or more federal or state agencies or entities into alleged violations of law, rule, regulation, or otherwise by the Company or the Company’s Representations; 3) The commencement of an investigation by Xxxxx Davis County, the DCSOSheriff’s Office, and/or the Dispatch Center into alleged violations of this Agreement or law, rule, regulation, or otherwise by the Company and/or the Company’s representatives or of a written complaint submitted against the Company and/or the Company’s representatives to Xxxxx Davis County, the DCSOSheriff’s Office, and/or the Dispatch Center; 4) A second written notification from the Dispatch Center to the Company for the same or similar offense within the term of this Agreement that is a violation of one or more of the terms or provisions of this Agreement and/or a violation of one or more laws, rules, regulations, or otherwise; 5) The lapse or expiration of any of the insurance policies required under this Agreement during the term of this Agreement and without a renewal insurance policy that satisfies the terms of this Agreement; 6) The Company’s 's failure to respond to 75% of requested tows under this Agreement; and 7) The Company's failure to timely respond to a scene under this Agreement; and 7) 8) The Company’s 's failure to maintain and retain accurate and complete records as required by this Agreement and applicable law, rule, regulation, or otherwise. b. The DCSO Sheriff’s Office and the Dispatch Center shall have sole discretion regarding the length length, with a minimum of 30 days for the first violation, of any suspension imposed upon the Company pursuant to the provisions of this Agreement. c. The Company shall comply with all of the terms of the suspension (i.e. ceasing particular practices or conduct, restitution to victims, and fulfillment of court orders) before the Company may be considered for reinstatement under this Agreement. d. The As permitted by Section 72-9-607 of the Utah Code, the Company may appeal a suspension issued by the Dispatch Center under this Agreement to the Davis County Chief Deputy over law enforcement (who may consult with a representative from another law enforcement agency) within thirty 30 calendar days after Xxxxx County, the DCSO, and/or the Dispatch Center mails a written notice of suspension to the Company. All decisions made by the Davis County Chief Deputy over law enforcement on appeals made by the Company are final. While an appeal of a suspension is pending, the suspension shall remain in full force and effect, unless the suspension time period expires prior to resolution of an appeal (e.g. Under the following facts, the suspension shall remain in full force and effect for 10 days after written notice: 1) Company is suspended for 10 days for violation of this agreement or applicable laws, regulations, or rules; 2) Company appeals the issued suspension on the fifth day into the suspension; 3) the Company’s appeal is heard on the fifteen day after the suspension was initiated; and 4) the appeal decision is issued on the twentieth day after the suspension was initiated).

Appears in 1 contract

Samples: Application and Agreement for Towing Rotation Lists

Grounds for Suspension. a. The Parties agree that any of the following are grounds for Xxxxx Davis County, the DCSO, and/or the Dispatch Center to suspend the Company from one or more of the Tow Truck Rotation Lists for a minimum of five business days up to the entire term of this Agreement, upon sending the Company a written notice of suspension, which will preclude the Company from providing services under this Agreement until the period of suspension has expired: 1) A breach or violation or this Agreement and/or a violation of laws, rules, regulations, or otherwise by the Company and/or the Company’s representatives; 2) The commencement of an investigation by one or more federal or state agencies or entities into alleged violations of law, rule, regulation, or otherwise by the Company or the Company’s Representations; 3) The commencement of an investigation by Xxxxx Davis County, the DCSO, and/or the Dispatch Center into alleged violations of this Agreement or law, rule, regulation, or otherwise by the Company and/or the Company’s representatives or of a written complaint submitted against the Company and/or the Company’s representatives to Xxxxx Davis County, the DCSO, and/or the Dispatch Center; 4) A second written notification from the Dispatch Center to the Company for the same or similar offense within the term of this Agreement that is a violation of one or more of the terms or provisions of this Agreement and/or a violation of one or more laws, rules, regulations, or otherwise; 5) The lapse or expiration of any of the insurance policies required under this Agreement during the term of this Agreement and without a renewal insurance policy that satisfies the terms of this Agreement; 6) The Company’s failure to timely respond to a scene under this Agreement; and 7) The Company’s failure to maintain and retain accurate and complete records as required by this Agreement and applicable law, rule, regulation, or otherwise. b. The DCSO and the Dispatch Center shall have sole discretion regarding the length of any suspension imposed upon the Company pursuant to the provisions of this Agreement. c. The Company shall comply with all of the terms of the suspension (i.e. ceasing particular practices or conduct, restitution to victims, and fulfillment of court orders) before the Company may be considered for reinstatement under this Agreement. d. The Company may appeal a suspension issued by the Dispatch Center under this Agreement pursuant to the Chief Deputy over law enforcement Davis County’s written policy regarding tow truck rotation list appeals. For a copy of this policy, please contact Davis County 911 Center Manager at (who may consult with a representative from another law enforcement agency000) within thirty calendar days after Xxxxx County, the DCSO, and/or the Dispatch Center mails a written notice of suspension to the Company. All decisions made by the Chief Deputy over law enforcement on appeals made by the Company are final. While an appeal of a suspension is pending, the suspension shall remain in full force and effect000-0000.

Appears in 1 contract

Samples: Application and Agreement for Towing Rotation Lists

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Grounds for Suspension. a. The Parties agree that any of the following are grounds for Xxxxx Davis County, the DCSOSheriff’s Office, and/or the Dispatch Center to suspend the Company from one or more of the Tow Truck Rotation Lists for a minimum of five business days up to the entire term of this Agreement, upon sending the Company a written notice of suspension, which will preclude the Company from providing services under this Agreement until the period of suspension has expired: 1) : A breach or violation or this Agreement and/or a violation of laws, rules, regulations, or otherwise by the Company and/or the Company’s representatives; 2) ; The commencement of an investigation by one or more federal or state agencies or entities into alleged violations of law, rule, regulation, or otherwise by the Company or the Company’s Representations; 3) ; The commencement of an investigation by Xxxxx Davis County, the DCSOSheriff’s Office, and/or the Dispatch Center into alleged violations of this Agreement or law, rule, regulation, or otherwise by the Company and/or the Company’s representatives or of a written complaint submitted against the Company and/or the Company’s representatives to Xxxxx Davis County, the DCSOSheriff’s Office, and/or the Dispatch Center; 4) ; A second written notification from the Dispatch Center to the Company for the same or similar offense within the term of this Agreement that is a violation of one or more of the terms or provisions of this Agreement and/or a violation of one or more laws, rules, regulations, or otherwise; 5) ; The lapse or expiration of any of the insurance policies required under this Agreement during the term of this Agreement and without a renewal insurance policy that satisfies the terms of this Agreement; 6) ; The Company’s failure to timely respond to a scene under this Agreement; and 7) and The Company’s failure to maintain and retain accurate and complete records as required by this Agreement and applicable law, rule, regulation, or otherwise. b. . The DCSO Sheriff’s Office and the Dispatch Center shall have sole discretion regarding the length of any suspension imposed upon the Company pursuant to the provisions of this Agreement. c. . The Company shall comply with all of the terms of the suspension (i.e. ceasing particular practices or conduct, restitution to victims, and fulfillment of court orders) before the Company may be considered for reinstatement under this Agreement. d. The . As permitted by Section 72-9-607 of the Utah Code, the Company may appeal a suspension issued by the Dispatch Center under this Agreement to the Davis County Chief Deputy over law enforcement (who may consult with a representative from another law enforcement agency) within thirty 30 calendar days after Xxxxx County, the DCSO, and/or the Dispatch Center mails a written notice of suspension to the Company. All decisions made by the Davis County Chief Deputy over law enforcement on appeals made by the Company are final. While an appeal of a suspension is pending, the suspension shall remain in full force and effect, unless the suspension time period expires prior to resolution of an appeal (e.g. Under the following facts, the suspension shall remain in full force and effect for 10 days after written notice: 1) Company is suspended for 10 days for violation of this agreement or applicable laws, regulations, or rules; 2) Company appeals the issued suspension on the fifth day into the suspension; 3) the Company’s appeal is heard on the fifteen day after the suspension was initiated; and 4) the appeal decision is issued on the twentieth day after the suspension was initiated). As permitted by R714-600-5 of the Utah Administrative Code, the Parties agree that Davis County may permanently remove the Company from one or more of the Tow Truck Rotation Lists, after notice and an opportunity to respond to the allegations as set forth in Section 14, Subsection b of this Agreement, if any of the following occur: The Company fails to comply with any of the requirements found in Title 72, Chapter 9, Part 6, of the Utah Code, R909-19 of the Utah Administrative Code, or R873-22M-17 of the Utah Administrative Code; The Company is operating in violation of the law or has engaged in practices which are a violation of law; The Company’s continued unavailability disrupts the operation of the Dispatch Center; The Company routinely fails to respond to requests by the Dispatch Center for service in a timely manner; The Company refuses to retrieve abandoned vehicles; or The Company fails to otherwise comply with applicable laws, regulations, rules, or other provisions of this Agreement. The Company may appeal a permanent removal from one or more of the Tow Truck Rotation Lists issued by the Dispatch Center under this Agreement to the Davis County Sheriff (who may consult with a representative from another law enforcement agency) within 30 calendar days after the Dispatch Center mails a written notice of permanent removal from one or more of the Tow Truck Rotation Lists to the Company. All decisions made by the Davis County Sheriff on appeals made by the Company are final. While an appeal of a permanent removal is pending, the permanent removal shall remain in full force and effect.

Appears in 1 contract

Samples: Application and Agreement for Towing Rotation Lists

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