Agmt 2016 Pacheco Brothers Gardening Inc (2)

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All spray applications are to be done in accordance with all Alameda County and State of California laws. The Contractor shall have secured from the Alameda County Agricultural Commissioner all necessary permits and shall possess a current California State Department of Agriculture license. Contractor is to provide the City with a copy of Written Recommendations from a State of California Licensed Pest Adviser for all applications. The city will provide the contractor a pesticide use report that shall be turned in to the city each month by the 5th, as well as monthly documentation to the City on pesticides and amounts used. In addition, the Contractor shall adhere to the City's Temporary Traffic Control (TTC) Procedures for all work to be performed within a public right-of-way. Payment Payment for all services shall be made based on the Monthly Maintenance bid price. In any month that Contractor wishes to receive payment, Contractor shall submit an invoice for services rendered prior to the month of invoice. Invoices received by the tenth (10th) of the month shall be paid by the end of the month. The City will pay only once for spraying, regardless of the number of spray applications necessary to control weed growth as described in these specifications. In other words, if property requires several applications of pre- emergent and/or systemic sprays in order to control weeds as described herein, the City shall make only one payment, based on the Monthly Maintenance bid price, regardless of the number of spray applications performed. The City may deduct from any amount payable to Contractor (a) any amounts the payment of which may be in dispute, (b) any amounts necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and (c) all amounts for which the City may be liable to third parties, by reason on Contractor's acts or omissions in performing or failing to perform Contractor's obligations as part of the contract. Any failure of the City to withhold payments due for such cause, shall not affect the obligations of the Contractor. Amounts withheld due to Contractor failure to adequately monitor the service areas shall be permanently forfeited by the Contractor. Payment deductions for Contractor Non-Compliance (a) If in the judgment of the City, Contractor has failed to perform any of its duties or obligations of these specifications, the City, at its option, in addition to, or in lieu of, any other remedies set forth in these specifications, may withhold the entire monthly payment or deduct pro rata from Contractor's invoice for work not performed after providing Contractor with written notice identifying the duty(ies) or obligation(s) not performed and the time period Contractor may have to cure the duty(ies) or obligation(s). RFP 55026 CITYWIDE MEDIAN MAINTENANCE Page 51 of 75