Discussion and Consideration to Award Contract for Mowing and Landscaping Maintenance Services for Nuisance Properties and City-owned Properties on an as-needed basis – Motion to Approve — K-3

immediately, and Quality Care shall not be required to replace the premises in a condition similar to that existent prior to the commencement of its performance. 1.04.2 Termination by Quality Care. Quality Care shall have the right to terminate this Agreement at any time for any reason, as to any or all the Properties, by giving written notice of thirty (30) days to the Client. If the Client has selected a Seasonal Payment Arrangement, the amount due on the Agreement will be prorated for the period that the Agreement was in force and effect. 1.04.3 With respect to Landscape Maintenance services only (if Client has selected a Seasonal Payment Arrangement), the portion of services completed shall be determined by the month of termination as follows: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 5% 20% 30% 40% 50% 60% 70% 80% 90% 95% 100% 100% 1.05 DUTY TO INSPECT THE WORK The Client has the duty to inspect the Work performed by Quality Care to determine if it is satisfactory. If the Client does not timely advise Quality Care that there is a need for additional services within 48 hours of completion, then the Work shall be deemed to have been accepted by the Client and satisfactorily performed by Quality Care. 1.06 REPRESENTATIONS AND WARRANTIES OF CLIENT 1.06.1 Right of Entry. The Client hereby represents and warrants that they are either the property owner and/or the authorized representative of the owner of the property upon which the Work is to be performed. The Client hereby acknowledges that the Client has selected the Work location and further represents and warrants that the location of Work encompassed by this agreement is entirely within the Client’s property lines. 1.06.2 Space and Access. Client agrees to: (1) Provide ample space for the Work and the storage of equipment and material used in performance of the Work; (2) Maintain convenient and unobstructed access to the Property and to permit necessary personnel and equipment free entry and egress to and from the premises; (3) Secure access to the Property, at Client’s sole expense, if access to the Property is over land not owned by the Client, and; (4) Provide access to and use of electricity for power tools, without cost to Quality Care. 2. NON-SOLICITATION AND NON-DISCLOSURE 2.01 CONFIDENTIAL INFORMATION Any information given to Client by Quality Care in connection with this Agreement is provided as confidential and proprietary information only for the purposes facilitating performance of the Work pursuant to this Agreement. Unless Client has the prior written consent of Quality Care, Client shall not at any time following the date of this Agreement disclose any confidential information to any third party. 2.02 NON-SOLICITATION From the date of execution through a period of two (2) years following the termination of this Agreement, Client agrees that it will not at any time contact or solicit any of Quality Care’s employees, agents, subcontractors or service providers for the purpose of inducing them to terminate their relationship with Quality Care and/or commence a relationship with Client or any business which is employed by Client, directly or indirectly, or Contractor Initials: Client Initials: Page 4 of 9