LANDSCAPE WEST MANAGEMENT SERVICES, INC. (9)

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SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on -site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor.