FARMER'S FRIDGE (ROMAINE EMPIRE, INC.)

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written notice by Contractor to the City's Project Manager. The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project timelines. 44. SUB-CONTRACTING: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City.Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall constitute a breach of this Contract. In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor,All work performed by a subcontractor must meet the approval of the City of Santa Ana. 45. PERFORMANCE REQUIREMENTS: The Contractor's vehicles parked on site shall be locked and thoroughly secured at all times. All tools and materials shall remain in Contractor's possession at all times and shall never be left unattended.All lost or misplaced tools or materials shall be reported immediately to the Security staff. All materials, large or small, from removal operations or flew construction (especially those materials that could be used to inflict injury, such as nails, wire, wood, etc.) shall be continuously cleaned up as work progresses. All work areas shall be secured prior to the end of each work period. Contractor's employees shall not smoke or use profanity or other inappropriate language while on site. Contractor's employees shall not enter the facility while under the influence of alcohol, drugs or other intoxicants and shall not have such materials in their possession. Contractor's employees shall plan their activities to minimize the number of times they must enter and exit a facility. Contractor's employees should transport all tools, equipment and materials needed for the day at the start of the work period and restrict all breaks to the absolute minimum. Contractor's personnel shall: 1. Comply with the written schedule provided by the City which shall clearly show the specific start and end times for each workday. 2. Arrive at the site no more than 15 minutes prior to the scheduled time or no more than 15 minutes after the scheduled time;and 3. Report to the control desk upon arrival at the job site. Control will ensure that the work area is clear and ready for work to begin. If a Contractor's employee is delayed or cancellation is necessary, the designated on-site coordinator or the City's Project Manager should be contacted immediately. Repeat problems will be grounds for remedial action which may include Contract termination. 46. SUBSTITUTIONS:The Contractor is required to meet all specifications and requirements contained herein. 47. TERMINATION ORDERLY:After receipt of a termination notice from the City of Santa Ana e,the Contractor may submit to the City a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor.Upon termination City agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided,however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract,each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract. 48. WAIVERS CONTRACT: The failure of either Party in any one or more instances to insist upon City ofSantn Anna Page 15 of 24 MA-017-23011445 Refrigerated Fending Machine Services Tide No,2436104 Farmer's Fridge