LANDSCAPE WEST MANAGEMENT SERVICES, INC. (9)

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SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel -cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk- through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless