LANDSCAPE WEST MANAGEMENT SERVICES, INC. (9)

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SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non -action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All