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Non-Professional Services Agreement between August 8, 2024 City of San Leandro and Garland/DBS Inc.—Exhibit F Page 5 of 22 contracts by the City that are outside the identified scope of work of the Projects. 2.4.2 This Agreement shall not apply to a Contractor or subcontractor's non-craft executives, managerial employees, engineering employees, design employees, supervisors (except those covered by existing building and construction trades collective bargaining agreements), office and clerical employees. 2.4.3 This Agreement shall not apply to any work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county or other governmental bodies or their contractors; or by public or private utilities or their contractors; or by the City or its contractors for work not part of the scope of the Projects. Further, this Agreement shall not be construed to prohibit or restrict the City or its employees from performing work on or around the Project construction sites or from entering Project sites for any purposes deemed necessary or appropriate by the City. 2.4.4 This Agreement shall not apply to the off-site maintenance of leased equipment or the on-site supervision of such work. 2.4.5 In the event that the City becomes aware or is made aware that this Agreement or portions thereof are inconsistent with the terms and conditions of any grant, loan, or contract with any Federal, State, or regional agency or with the instructions or directions of an authorized representative of a Federal, State or regional agency to which the City is applying for or has received grant funds, the City shall notify the Council. Within 24 hours of notification, the parties shall meet and confer to attempt to modify the Agreement to avoid the forfeiture of any funding or to otherwise resolve the issue. Should the parties be unable to come to an accord, this Agreement or any inconsistent provision shall be modified, subject to the approval of the City Council, to remain in compliance with the requirements of the applicable funding source. 2.5 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of Covered Work at any time. Further, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or regulations, permits or to accommodate the ongoing operations of the City's facilities and/or to mitigate the effects of the ongoing Projects' work on the businesses and residents in the neighborhoods of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the City's facilities and to remain a good neighbor to the residents and businesses in the immediate area of any Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor with reasonable notice of any changes, beyond what was stated in the bid documents, that it requires pursuant to this Section. 2.6 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Docusign Envelope ID: 23D71AEE-659C-4B6B-8D08-6EB3E43824A2