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July 15, 2024 Page 27 City of San Leandro Post Collection any liability resulting from the work to be performed under this Agreement, nor shall Contractor 1034 be relieved from its obligation to ensure that its personnel maintain all requisite certifications, 1035 licenses, and the like, and Contractor shall at all times ensure that its personnel fully comply with 1036 Applicable Law. 1037 E. Wages and Benefits. Wages and benefits applicable to employees performing work under the 1038 Agreement shall not be less than those stated in the City’s Municipal Code Chapter 1-6, Living Wage. 1039 Contractor shall maintain compliance with the City’s Living Wage Ordinance throughout the Term 1040 of the Agreement. 1041 5.5 CONTRACT MANAGEMENT 1042 City has designated staff, the City Contract Manager, to be responsible for the monitoring and 1043 administration of this Agreement. Contractor shall designate an employee to serve as Contractor’s 1044 Contract Manager(s), to be responsible for working closely with the City Contractor Manager in the 1045 monitoring and administration of this Agreement. Contractor shall provide City with a direct phone and 1046 email address for the Contractor’s selected Contract Manager and such manager, or a temporary designee 1047 during vacations, shall be available to the City Contract Manager during all business hours as defined in 1048 Section 5.2.4. 1049 The Contractor’s Contract Manager shall meet and confer with the City Contract Manager to resolve 1050 differences of interpretation and implement and execute the requirements of this Agreement in an 1051 efficient, effective manner that is consistent with the stated objectives of this Agreement. 1052 From time to time, the City Contract Manager may designate other agents of City to work with Contractor 1053 on specific matters. In such cases, those individuals should be considered designates of the City Contract 1054 Manager for those matters to which they have been engaged. Such designates shall be afforded all of the 1055 rights and access granted thereto. In the event of a dispute between the City Contract Manager’s 1056 designate and Contractor, the City Contract Manager’s determination shall be conclusive, subject to the 1057 provisions of this Section and Contractor’s rights and remedies under this Agreement and Applicable Law. 1058 In the event of dispute between the City Contract Manager and the Contractor regarding the 1059 interpretation of or the performance of services under this Agreement, the City Contract Manager’s 1060 determination shall be conclusive except where such determination results in a material impact to the 1061 Contractor’s revenue and/or cost of operations. In the event of a dispute between the City Contract 1062 Manager and the Contractor results in such material impact to the Contractor, the provisions of Section 1063 10.9 shall apply. For the purposes of this Section 5.5, “material impact” is an amount equal to or greater 1064 than fifty thousand dollars ($50,000) per year. 1065 City Contract Manager or their designate shall have the right to observe and review Contractor operations 1066 and enter Premises for the purposes of such observation and review , including review of Contractor’s 1067 relevant records, during reasonable hours with reasonable notice. In no event shall Contractor prevent 1068 access to such Premises for a period of more than three (3) calendar days after receiving such a request. 1069 Contractor shall maintain an after-hours telephone number allowing twenty-four (24) hour per day access 1070 to Contractor’s Contract Manager or designate by City Contract Manager in the event of an emergency 1071 involving Contractor’s equipment or services including, but not necessarily limited to, fires, blocked 1072 access, or property damage. 1073 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C