Agmt 2014 Flagship Facility Services Inc

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not reflected in the rate adjustments. The Contractor shall use the CPI-U for the most recent twelve month period prior to the contract's anniversary date to determine the percentage change in the rate to take effect. Subcontracting - No portion of the work covered by these specifications can be subcontracted or assigned without prior approval of the City. (See section 8.4 of the NPSA) Requests to subcontract all or any portion of services required by this contract will be submitted to the City's Buildings Supervisor, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services inside the Public Safety building shall have successfully passed a background check prior to commencing work in that building. Contractor shall bear the expense of any subcontractor background checks. Labor Strike - Contractor shall be responsible for its own labor relationships and shall negotiate and be responsible for resolving any and all disputes between itself and its employees or any union representing its employees. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying, will delay, or threatens to delay, the timely performance of services under this contract, Contractor shall immediately give written notice thereof to the City's Buildings Supervisor, or his designee. It shall be the Contractor's responsibility to provide continuous services, without interruption, to all buildings and facilities specified herein throughout the term of the contract. In the event of a labor strike, Contractor shall provide the means, at Contractor's expense, to provide continuous services in full compliance with contract requirements. Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs costs in excess of those that would have been paid to the Contractor for the same services, these excessive costs shall be paid by the Contractor. Force Maieure - Neither party to the Agreement shall be held responsible for delay or default caused by fire, riot, acts of God, and/or war which is beyond that party's reasonable control. City may terminate the Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of the Agreement. Termination — If, in the City's determination the Contractor violates any of the conditions or covenants of the Contract Documents, including refusal or failure to prosecute the Work or any separable part thereof with diligence and in accordance with the schedule specified by the Contract Documents, or if the Contractor should be adjudged bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor's insolvency, or the Contractor or any of Contractor's subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon RFP 53282 CITY-WIDE JANITORIAL SVCS 11