Loading...
HomeMy WebLinkAbout507424 CUSTOM SOLAR LLC - CONTRACT - RFP - 8203 PHOTO VOLTAIC SYSTEM MAINTENANCE ANNUALServices Agreement 8203 Photo Voltaic System Maintenance Annual Page 1 of 13 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and CUSTOM SOLAR LLC, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence January 15, 2016, and shall continue in full force and effect until January 14, 2017, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Custom Solar LLC Attn: Travis Lenberg 2840 Wilderness Place, Ste F Boulder, CO 80301 City of Fort Collins Attn: Stu Reeve PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 2 of 13 rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, in accordance with the attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 3 of 13 work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the completion of the work and ending twenty-four (24) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 4 of 13 additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 5 of 13 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: CUSTOM SOLAR LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Manager Willie Mein 2/2/2016 2/3/2016 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 6 of 13 EXHIBIT A SCOPE OF WORK I. PREVENTATIVE MAINTENANCE (PM): Custom Solar will complete an annual thorough system inspection for each installed and operational solar PV system (7) listed Section II. The following items will be worked on/tested where applicable to the site and a report will be compiled following the work with the corresponding tests and results. The work performed here will be covered under the annual maintenance agreement for Preventive Maintenance (“PM”). One trip per site has been included in the scope for preventative maintenance to be performed. Parts will be replaced as necessary and will be billed at cost plus 10 percent. Any work outside of the scope listed below will fall under the scope of Corrective Maintenance (“CM”). 1. Visual inspection of Solar Facility’s general site conditions, PV arrays, electrical equipment, mounting structure, fence, shading, trackers, vegetation, animal damage, erosion, corrosion, and discolored panels. 2. Visual inspection and correction of Solar Facility for loose electrical connections and ground connections. 3. String level open circuit voltage, DC operating current tests, and I-V curve testing on 25% of strings. 4. Test switches and disconnects to ensure they are not jammed. 5. Infrared scans on all combiner and re-combiner. 6. Check sensors and meters, including pyranometers, anemometers, and tilt sensors. 7. Record meter readings as available. 8. Turn off and on to ensure they are communicating and ensure battery backups are working. (extensive communication work in excess of 30 minutes will fall under the scope of CM. The initial 30 minutes will not be billable under CM.) 9. Replace filters, check pressure gauges (address as necessary), check MOVs, thermal imaging (address connections and hot spots), inspect DC fans (replace as necessary), inspect weather stripping (replace as necessary), and inspect AC contactor (replace parts as necessary). 10. Clean heat exchanger and fans (Replace as needed. Parts to be billed at cost plus 10 percent). 11. Replace MOXA box and replace blower every 10 years (none of the sites listed require this. Pricing has been allocated under item 3). 12. Non-AE inverter preventive maintenance for inverters per manufacturer’s operating guidelines. 13. Clean inverter cabinet air vents. 14. Clean (change when necessary) inverter air filters per manufacturer’s warranty requirements. 15. Clean and remove dust from inverter heat sinks per manufacturer’s warranty requirements. 16. Check torque marks and re-tightening appropriate wiring connections to design specification torque force per manufacturer’s guidelines. DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 7 of 13 17. Inspect roof penetrations to ensure sealant is applied to properly and not degrading. Reapplication of sealant to be handled as CM. 18. PV array module maintenance for modules. 19. Wash all panels with water with no chemicals in a method approved by the Owner. 20. Perform infrared scan of 25% of modules for two types of circuitry connections: cells on the front and junction boxes on the back. (Junction boxes will be scanned where access is available without panel removal.) 21. Vegetation mitigation within the fenced area. 22. Ground-mounted: maintain weeds, grasses and ground cover to prevent shading and risk of fire. 23. Roof-mounted: remove weeds and grasses to prevent shading. 24. Clear debris within the fenced area. If this activity becomes excessive, Owner and Contractor will agree upon a method to have this work performed as Non-Covered Services. 25. Include details of preventive maintenance work, such as meter readings, thermal images, and system testing results. 26. Include non-conformance reports to identify potential short-term and long-term power production issues. Corrective Maintenance (CM): Custom Solar can complete corrective maintenance for work completed outside of the basic scope of general preventative maintenance listed above. CM can be completed in conjunction with PM or scheduled for time outside of the general PM schedule. All corrective maintenance will be scheduled at 72 hours prior to work being performed. An emergency rate will be charged if services are required immediately and cannot be scheduled for a future date. Corrective Maintenance includes but is not limited to the following:  Procurement of Parts and Equipment  Extensive site cleanup  Extensive Rodent Damage  Repair of roofing materials or seals  PV system Removal/Reinstallation  Panel, Inverter, etc. replacement (where not covered by warranty.)  Maintenance item expected to take longer than 30 minutes to complete repairs. II. BUILDINGS REQUIRING MAINTENACE 215 N Mason-5.775 kW/DC (install date January 2011)  33 each BP Solar 175 watt modules  Sunny Boy 6000 US inverter North Side Aztlan-54.05 kW/DC (install date February 2011)  230 each 235 watt Schott Ploy modules  PV Powered Model PVP 50kW inverter (3 phase) DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 8 of 13 Museum of Discovery-27.09 kW/DC plus 8.775 kW/DC (install date February 2012)  126 each 215 watt Kyocera modules  130 each 67.5 watt Abound modules  PV Powered model PVP4600 (qty 2) & Powered model PVP30kW Nix Farm Administration Building-5.85 kW/DC (Install date May 2014)  90 each 65 watt Abound modules  Fronius IG Plus A 6.0-1 UNI Nix Farm Maintenance Facility-9.8 kW/DC (phase one-install date October 2012)  40 each 245 watt Solar World modules  Fronius IG Plus V 10.0-1 UNI Nix Farm Maintenance Facility-10.83 kW/DC (phase two-install date June 2015)  38 each 285 watt Solar World modules  38 each Enphase M250 micro-inverters Senior Center-24.75 kW/DC (install date July 2014)  90 each 275 watt Solar World modules  Advanced Energy AE 3TL-23 inverter III. ANTICIPATED SERVICE NEEDS Service Schedule Item Services included (only if checked) Service Description Frequency / Response Time Preventive Maintenance 1 Visual inspection of Solar Facility’s general site conditions, PV arrays, electrical equipment, mounting structure, fence, shading, trackers, vegetation, animal damage, erosion, corrosion, and discolored panels. 1x per year 2 Visual inspection and correction of Solar Facility for loose electrical connections and ground connections. 1x per year 3 String level open circuit voltage, DC operating current tests, and I-V curve traces on 25% of strings. 1x per year 4 Test switches and disconnects to ensure they are not jammed. 1x per year 5 Infrared scans on all combiner and re-combiner boxes; tighten connections; report broken terminal blocks. 1x per year 6 Check sensors and meters, including pyranometers, anemometers, and tilt sensors 1x per year 7 Record meter readings as available. 1x per year DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 9 of 13 Service Schedule 8 Turn off and on to ensure they are communicating and ensure battery backups are working. 1x per year 10 Replace filters, check pressure gauges (address as necessary), check MOVs, thermal imaging (address connections and hot spots), inspect DC fans (replace as necessary), inspect weather stripping (replace as necessary), inspect AC contactor (replace parts as necessary), and clean large heat exchanger on 333 kW. 1x per year 12 Clean large heat exchanger on 500 kW, replace fans, inspect small heat exchanger. Every 5 years 13 Replace MOXA box and replace blower. Every 10 years 14 Non-AE inverter preventive maintenance for inverters per manufacturer’s operating guidelines See below 15 Clean inverter cabinet air vents. 1x per year 16 Clean and change inverter air filters per manufacturer’s warranty requirements. 1x per year 17 Clean and remove dust from inverter heat sinks per manufacturer’s warranty requirements. 1x per year 18 Check torque marks and re-tightening appropriate wiring connections to design specification torque force per manufacturer’s guidelines. 1x per year 20 Inspect roof penetrations to ensure sealant is applied properly and not degrading. Reapplication of sealant to be handled as Non-Covered Services. 1x per year 21 PV array module maintenance for modules See below 22 Wash all panels with water with no chemicals in a method approved by the Owner. 1x per year 23 Perform infrared scan of 25 % of modules for two types of circuitry connections: cells on the front and junction boxes on the back. 1x per year 24 Vegetation mitigation within the fenced area 1x per year 25 Ground-mounted: maintain weeds, grasses and Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 10 of 13 Service Schedule 28 Include details of preventive maintenance work, such as meter readings, thermal images, and system testing results. 1x per year 29 Include non-conformance reports to identify potential short-term and long-term power production issues. 1x per year Service Support 30 Contractor will make available Technical Support. Ongoing 31 Dispatch commitment: dispatch resources in response to alarms and alerts/service requests received by Contractor from Owner. See below IV. ADDITIONAL SERVICE REQUIREMENTS 1. Service Provider Requirements a. Provide normal services as directed by the City representative. Provide emergency or urgently requested services within twenty-four (24) hours of request. b. Carry insurance levels as required in the agreement. c. Provide an after normal work hours phone number to be used by the City to request emergency or urgently needed services. d. Comply with City recycling and solid waste reduction policies. e. Clean-up the job site at the end of each day and at work completion. f. Obtain any required permits for repair or installation work and provide a copy of the permit to City representative before work is started. g. Perform all work in a safe manner utilizing appropriate Personal Protective Equipment (PPE) and safe practices. Service Provider shall furnish all equipment (ladders, test equipment, etc.) required to perform the work safely and shall not utilize any City equipment. 2. Work Order Procedure a. All job cost estimates must be prepared using prices established in Exhibit B. b. Billing invoices for completed jobs must use the prices established in Exhibit B and must show mark-up on materials. Copies of material invoices must be included with the billing invoices. City policy is to pay invoices within 30 days of receipt. c. Work order number must be included on the billing invoices along with work address and the name of the City representative responsible for the work. Changes and additions must be approved by City representative who authorized the original work order. DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 11 of 13 EXHIBIT B COMPENSATION DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 12 of 13 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 No new insurance required Services Agreement 8203 Photo Voltaic System Maintenance Annual Page 13 of 13 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015 ground cover to prevent shading and risk of fire. 1x per year 26 Roof-mounted: remove weeds and grasses to prevent shading. 1x per year 27 Clear debris within the fenced area. If this activity becomes excessive, Owner and Contractor will agree upon a method to have this work performed as Non- covered Services. 1x per year DocuSign Envelope ID: 26DDC9EB-DAEE-434D-B3E8-735EFC870015