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a Return Material Authorization("RMA'")through Contractor's customer service <br /> department.City is responsible for shipping the product(s)back to Contractor. If after <br /> receiving and inspecting the product, Contractor finds it meets the requirements above, <br /> Contractor will credit City account the applicable value of the returned product less a <br /> restocking fee of fifteen percent(15%). If Contractor determines that the product is not <br /> resalable, Contractor will send the product back to City and no credit will apply. Licenses <br /> and all other special order items are non-returnable. <br /> Services. City agrees to pay for time and material services rendered up to and through the <br /> effective date of cancellation. City may terminate installation, implementation and/or <br /> professional services upon written notification and payment of the fees specified in Exhibit <br /> B for such service(s)up to and through the effective date of termination plus all non- <br /> refundable out-of-pocket expenses. <br /> Maintenance. If City purchases Smart Net Maintenance Services or Dedicated Technician <br /> Services,the termination charge to cancel before the term is over is an amount equal to <br /> one year's fee or payment for the remaining term,whichever is less. <br /> 2.7 Authorization to Perform Services. The Contractor is not authorized to perform any <br /> services or incur any costs whatsoever under the terms of this Agreement until receipt of <br /> authorization from the Contract Administrator. <br /> Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein,Contractor shall,at its sole <br /> cost and expense, provide all facilities and equipment that may be necessary to perform the services <br /> required by this Agreement. City shall make available to Contractor only the facilities and equipment listed <br /> in this section,and only under the terms and conditions set forth herein. Contractor shall make a written <br /> request to City to use facilities or equipment not otherwise listed herein. <br /> 3.1 Safety Requirements. In accordance with generally accepted construction practices and <br /> state law, Contractor shall be solely and completely responsible for conditions on the <br /> jobsite, including safety of all persons and property during performance of the work. This <br /> requirement shall apply continuously and not be limited to normal working hours. <br /> Contractor shall take all necessary precautions and provide all necessary safeguards to <br /> prevent personal injury and property damage. Contractor shall provide protection for all <br /> persons including, but not limited to, its employees and employees of its subcontractors; <br /> members of the public; and employees,agents, and representatives of the City and <br /> regulatory agencies that may be on or about the work. <br /> The services of the City in conducting review and inspection of Contractor's performance is <br /> not intended to include review of the adequacy of Contractor's work methods,equipment, <br /> bracing or scaffolding,or safety measures, in, on, or near any Contractor jobsite. <br /> All work and materials shall be in strict accordance with all applicable state,city,county, <br /> and federal rules, regulations and codes,with specific attention to the United States <br /> Non-Professional Services Agreement between City of San Leandro and Strategic Products and Services, <br /> LLC for Network Upgrade <br /> Page 4 of 15 <br />