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Compliance with Law <br />All services rendered shall be provided in accordance with all ordinances, <br />resolutions, statutes, rules, and regulations of the City, and any Federal, State, or <br />local governmental agency having jurisdiction in effect at the time service is <br />provided. Contractor is responsible for obtaining all permits and licenses required <br />to perform work such as encroachment permit through CalTrans. <br />All spray applications are to be done in accordance with all Alameda County and <br />State of California laws. The Contractor shall have secured from the Alameda <br />County Agricultural Commissioner all necessary permits and shall possess a current <br />California State Department of Agriculture license. Contractor is to provide the City <br />with a copy of Written Recommendations from a State of California Licensed Pest <br />Adviser for all applications. The city will provide the contractor a pesticide use <br />report that shall be turned in to the city each month by the 5th, as well as monthly <br />documentation to the City on pesticides and amounts used. <br />In addition, the Contractor shall adhere to the City's Temporary Traffic Control <br />(TTC) Procedures for all work to be performed within a public right-of-way. <br />Payment <br />Payment for all services shall be made based on the Monthly Maintenance bid <br />price. Contractor shall submit an invoice for services rendered in the prior month. <br />Invoices shall be paid by the City within 30 days of receipt. <br />The City will pay only once for spraying, regardless of the number of spray <br />applications necessary to control weed growth as described in these <br />specifications. In other words, if property requires several applications of pre - <br />emergent and/or systemic sprays in order to control weeds as described herein, <br />the City shall make only one payment, based on the Monthly Maintenance bid <br />price, regardless of the number of spray applications performed. <br />The City may deduct from any amount payable to Contractor (a) any amounts <br />the payment of which may be in dispute, (b) any amounts necessary to <br />compensate the City for any losses, costs, liabilities, or damages suffered by the <br />City, and (c) all amounts for which the City may be liable to third parties, by reason <br />on Contractor's acts or omissions in performing or failing to perform Contractor's <br />obligations as part of the contract. Any failure of the City to withhold payments <br />due for such cause, shall not affect the obligations of the Contractor. Amounts <br />withheld due to Contractor failure to adequately monitor the service areas shall be <br />permanently forfeited by the Contractor. <br />Payment deductions for Contractor Non -Compliance <br />(a) If in the judgment of the City, Contractor has failed to perform any of its <br />duties or obligations of these specifications, the City, at its option, in <br />RFP 55027 CITYWIDE TURF MAINTENANCE Page 52 of 63 <br />