LANDSCAPE WEST MANAGEMENT SERVICES, INC. (9)

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SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting, the Contractorshall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring 4.3 The City encourages Contractor to create newjobs for low or moderate -income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that itwill reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre - qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRNI. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor / Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (a) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor