R2008-53 APPROPRIATING FUNDS FOR AGREEMENT WITH MACON RESOURCES, INC.

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t , 30.MRI shall remove from any job site any employee or employees who MRI ar the CITY deems incompetent, careless, unsuitable, or unsafe, or whose continued employment is deemed by MRI or CITY to pose a threat or risk of harm to said employee, his or her fellow employees, or the public. 31.MRI shall at all times cooperate with CITY employees, agents and other vendors. 32.MRI shall appoint one person in its employ to assume the responsibility of Lawn Care Supervisor. Said Lawn Care Supervisor shall be responsible for administering this AGREMENT. The Lawn Care Supervisor shall be the sole person responsible for overseeing the work under this AGREEMENT and the relations between MRI and CITY. He or she shall have a working knowledge of this AGREEMENT, the Macon Resources, Inc. 2008 SERVICE SCHEDULE, LANDSCAPE BEAUTIFICATION KEY MAP, LANDSCAPE PLANTING BED INDEX and accompanying aerial photographs, MRI's records of work performed, and the identities of all supervisors and employees involved in performing the work, and shall have authority to attempt to resolve any conflicts arising hereunder. 33.MRI shall plan, schedule and implement all work functions as stated in this AGREEMENT, in cooperation with, and subject to approval by CITY. 34.MRI shall submit monthly invoices to CITY. As a condition of payment, MRI must pay its employees prevailing wages when required by law. City shall have the authority to request certified payrolls. 35. If CITY in good faith determines that MRI has failed to perform or deliver any service or product as required under this AGREEMENT, MRI shall not be entitled to compensation until such service or product is performed or delivered. In this event, CITY shall withhold that portion of MRI's compensation, which represents payment for services or products not performed or delivered. 36.CITY may terminate this AGREEMENT for any of the following reasons effective immediately without advance notice: a) MRI has furnished any statement, representation or certification in connection with this AGREEMENT which is materially false, deceptive, incorrect or incomplete; b) CITY determines that the actions or failure to act, by MRI, its agents, employees or subcontractors have caused, or reasonably could cause jeopardy to health or safety; c) In the event MRI is required to be certified or licensed as a condition precedent to providing services under this AGREEMENT, the revocation or loss of such license or certification will result in immediate termination of the AGREEMENT effective as of the date on which the license or certification is no longer in effect. 5