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10T ATS Review
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10/6/2025 11:00:01 AM
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6/23/2023 3:34:55 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2023
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Reso 23-086 Flagship FS Amendment No. 5
(Amended)
Path:
\City Clerk\City Council\Resolutions\2023
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<br />Exhibit A – Page 3 of 42 <br /> <br />For general purpose vacuums and vacuums for low pile carpet, Contractor is encouraged to use vacuums <br />approved by the Carpet and Rug Institute (CRI) Green Label Program to reduce building contaminants. For a <br />list of certified vacuums, visit http://www.carpet-rug.org/documents/technical_bulletins/Test_Method_113.pdf <br /> <br />K. City of San Leandro business license; <br /> <br />L. Copy of Certificate of Insurance which shows compliance with the attached requirements and naming the <br />City of San Leandro as an additional insured. <br /> <br />TERMS OF CONTRACT <br />The term of the Contract shall be fixed from start of service by Contractor and shall end on June 30, 2019. <br /> <br />Subcontracting - No portion of the work covered by these specifications can be subcontracted or assigned <br />without prior approval of the City. Requests to subcontract all or any portion of services required by this contract <br />will be submitted to the City's Buildings Supervisor, or his/her designee, at least thirty (30) days in advance of the <br />proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of <br />how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be <br />responsible for services provided by any subcontractor as if Contractor were providing the services with its own <br />organization. Any subcontractor who will provide services inside the Public Safety building shall have successfully <br />passed a background check prior to commencing work in that building. Contractor shall bear the expense of any <br />subcontractor background checks. <br /> <br />Labor Strike - Contractor shall be responsible for its own labor relationships and shall negotiate and be <br />responsible for resolving any and all disputes between itself and its employees or any union representing its <br />employees. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying, will <br />delay, or threatens to delay, the timely performance of services under this contract, Contractor shall <br />immediately give written notice thereof to the City's Buildings Supervisor, or his designee. It shall be the <br />Contractor’s responsibility to provide continuous services, without interruption, to all buildings and facilities <br />specified herein throughout the term of the contract. In the event of a labor strike, Contractor shall provide the <br />means, at Contractor’s expense, to provide continuous services in full compliance with contract requirements. <br />Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, <br />City incurs costs in excess of those that would have been paid to the Contractor for the same services, these <br />excessive costs shall be paid by the Contractor. <br /> <br />Force Majeure - Neither party to the Agreement shall be held responsible for delay or default caused by fire, <br />riot, acts of God, and/or war which is beyond that party's reasonable control. City may terminate the <br />Agreement upon written notice after determining such delay or default will reasonably prevent successful <br />performance of the Agreement. <br /> <br />Termination – If, in the City’s determination the Contractor violates any of the conditions or covenants of the <br />Contract Documents, including refusal or failure to prosecute the Work or any separable part thereof with <br />diligence and in accordance with the schedule specified by the Contract Documents, or if the Contractor should <br />be adjudged bankrupt, or if Contractor should make a general assignment for the benefit of Contractor’s <br />creditors, or if a receiver should be appointed on account of Contractor’s insolvency, or the Contractor or any <br />of Contractor’s subcontractors should violate any of the provisions of this Contract, the City may serve written <br />notice upon the Contractor of the City's intention to terminate this Contract. This notice of intent to terminate <br />shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the <br />Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) days <br />unless such violations have ceased and arrangements satisfactory to the City have been made for correction <br />of said violations. <br />The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to <br />time, in part, if the City determines that a termination is in the City's best interest. <br />
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