SANTA FE BUILDING MAINTENANCE (2) - 2017

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K. REMEDY FOR FAILURE TO PERFORM The Contractor may be called back to correct deficiencies in adherence to the General Specifications at no additional cost to the City. Response time should be as soon as possible, but shall be no more than two (2) hours from the receipt of the call during normal business hours. Hours not worked will be deducted from monthly payments if these hours are persistent, or if a quality control issue appears. Deduction for hours not worked does not constitute a waiver of the specifications or acceptance of the conditions of performance. Contractor's failure to perform under the term and frequencies specified herein may result in a reduction in the monthly payment due the Contractor, or termination of the contract. The types of reductions described below may, at the City's discretion and after notification to the Contractor, be imposed for any deficiencies and/or failures to provide remedies. Immediate response requires the Contractor to report to the job site to correct deficiencies from the previous night. The deficiencies shall be of such a nature as to warrant immediate correction and/or to negatively affect the enjoyment and/or use of the building. Deficiencies requiring immediate response are those that adversely affect the building's occupants. This may include, but not be limited to, failure to properly restock dispensers and/or to properly clean specified areas. Should the Contractor fail to respond as required to make corrections, the City may, at its sole discretion, deduct a portion of the payment for one day depending on the nature of the Infraction. Penalties may be assessed for each item missed on the cleaning schedule that does not require an immediate response; and failure to follow security procedures as outlined herein. City staff may, at periodic intervals, inspect before the start of the business day and note any deficiencies on a written checklist. The Contractor will be called and asked to make corrections based on the aforementioned list. Failure to make corrections before the next inspection will result in the Contractor being assessed one demerit per item left uncorrected. The accumulation of up to twenty demerits in any one calendar month may result in the Contractor being assessed a $100 penalty deduction from the monthly payment. Demerits exceeding twenty in one calendar month may result in a $500 penalty deduction from the monthly payment, and could result in termination of the contract. L. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. M. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE When applicable, the contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his/her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the [number] year contract period. N. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the [applicable & relevant statutes and/or regulations] and as it may be amended or updated throughout the term of this contract. O. ASSIGNMENT Page134 PD Janitorial Services RFP 17-022