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25H - AGMT - STREET SWEEPING SERVICES
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07/16/2012
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25H - AGMT - STREET SWEEPING SERVICES
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7/12/2012 5:31:47 PM
Creation date
7/12/2012 5:31:28 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25H
Date
7/16/2012
Destruction Year
2017
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J. LIQUIDATED DAMAGES <br />If the City determines that the Contractor breaches its promise to provide street sweeping services in <br />compliance with the Terms and Conditions of applicable laws and regulations, and the specifications <br />set forth above, it would be impracticable and extremely difficult to determine the damage to City arising <br />from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum <br />of $265.00 per hour per occurrence for such breach, in addition to any cost, fines, etc. levied against <br />the City. <br />K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS <br />Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall <br />inform the Contractor of areas to publicize recruitment opportunities, such as work centers and <br />community centers. Such effort and procedure will be provided to the City for review. <br />L. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE <br />The Contractor shall extend offers of employment to any displaced City of Santa Ana street sweeper <br />equipment operators for a minimum of one year and at a rate commensurate to their last base salary <br />amount as an equipment operator with the City of Santa Ana. The number of employees and base rate <br />will be provided at the mandatory pre-proposal meeting. Such effort and procedure will be provided to <br />the City for review. <br />M. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS <br />Contractor shall participate in extensive public awareness efforts and community events and programs, <br />such as neighborhood clean-up events and anti-litter campaigns. Such participation shall be upon City <br />request provided with reasonable notice of event timing. <br />N. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS <br />1. Contractor shall perform all requirements under this contract in strict observance of and in compliance <br />with all applicable environmental, traffic, safety and any other applicable laws, regulations, ordinances, <br />codes and any other legislative or statutory requirements. <br />2. Contractor warrants that the performance of services under this contract shall be compliant with the <br />current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or <br />updated throughout the term of this contract. <br />0. ASSIGNMENT <br />Inasmuch as this Contract is intended to secure the specialized services of Contractor, Contractor may <br />not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City <br />and any such assignment, transfer, delegation or subcontract without the City's prior written consent <br />shall be considered null and void. <br />P. JURISDICTION -VENUE <br />This Contract has been executed and delivered in the State of California and the validity, interpretation, <br />performance and enforcement of any of the clauses of this Contract shall be determined and governed <br />by the laws of the State of California. Both parties further agree that Orange County, California, shall <br />be the venue for any action or proceeding that may be brought or arise out of, in connection with or by <br />reason of this Contract. <br />Q. FINES <br />The Contractor shall be liable for all violation fines levied against the City by, but not limited to, AQMD, <br />State or Federal Agencies related to Contractor street sweeping services. <br />Exhibit A - Next Page <br />25H-53
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