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Non-Professional Services Agreement between April 1, 2024 City of San Leandro and Impec Group—Exhibit D Page 11 of 36 with City staff to discuss work that is being scheduled or that has been completed. City staff shall make inspections as often as necessary to ensure that complete and continuous maintenance is fulfilled. (b) Contractor shall be required to attend periodic meetings with City st aff to review Contractor’s performance and the condition of all maintenance areas. Dates and times of meetings shall be set by the City and the Contractor. These meetings are not to substitute for Contractor’s responsibility to regularly inspect areas. (c) The Contractor shall submit monthly inspection reports electronically to the City’s Contract representative that shows the areas that have been inspected, areas out of conformance with these specifications and the Contractor’s plans for bringing the areas i nto specification conformance. 103 Contract Compliance and Payment for Services (a) The City has created Specifications and a Scope of Work that define the service level standards. The City will regularly inspect the Contractor’s work and evaluate and rate it against the contract requirements and specifications. Contractor will be paid for work rated as meeting specifications which will be considered meeting standards. Contractor will not be paid for work rated as unsatisfactory and not meeting specifications which will be considered below standards, until conditions improve and are rated as meeting standards and the below standards work is attributed to neglect or lack of resources or compliance on the part of the Contractor. Contractor will not be paid any additional amounts for remedial work required to improve below standard areas. The Director, or designee will work closely with the Contractor’s representatives to achieve the results described in the specifications and scope of work. However, responsibility for meeting standards rests with the Contractor. (b) The Director, or designee will utilize an “Evaluation Checklist” during its scheduled, as well as random inspections, to evaluate provision of services and communicate whether Contractor’s performance is meeting standards or below standards. In addition, the City regularly utilizes maintenance staff to inspect contract service areas informally and randomly, and to report when areas are not meeting specifications. The City also receives resident complaints that will generate an inspection and communication to the contractor. A 90-100% overall completion score on the checklist is considered satisfactory and in compliance with and meeting the specifications of the Agreement. (c) A score of less than 90% in any area is indicative of unsatisfactory conditions, below standards and not meeting the specifications with improvement required. Below standards work resulting from action or inaction that is the contractor’s responsibility will result in a punch list of items t o complete and a timeframe and deadline for completion to bring areas back to meeting standards and specifications. This punch list will also include required dates for notification and updates back to the Director, or designee on the status of work being completed. (d) If after the designated deadline, the area is still not meeting standards and specifications, a penalty of all or a portion of Contractor payment will be withheld for work not performed, work not completed, or work not completed to the specifications. (e) Payments will be withheld either based on frequency of work that was missed, or until the area has been brought back to meeting standards. Withheld payments for specified work that is frequency based, and cannot be made up, will not be paid to the Contractor. For example, if the scope of work calls for mowing turf once per week, and a weekly mowing is missed, that work cannot be regained, and the payment will not be made for work not performed. (f) For work that has a designated deadline to bring the w ork area up to meeting standards, if compliance is reached within the designated deadline, the City will release one hundred percent DocuSign Envelope ID: ED026586-45BF-457C-B317-CC6A9075C2DC