PCA ARBORISTS & CONSULTANTS, INC. DBA PACIFIC COAST HORTICULTIST

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3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract,Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section.