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ninety days, and will be conducted under all specifications, terms and conditions contained in the <br />contract. This trial period will then become part of the initial contract period. <br />A performance evaluation will be conducted prior to the end of the test period and that evaluation <br />will be the basis for the City's decision to continue with the Contractor or to select another <br />Contractor (if applicable). <br />2.39 Contract Coordinator <br />The City may designate a Contract Coordinator whose principal duties shall be: <br />• Liaison with Contractor. <br />• Coordinate and approve all work under the contract. <br />• Resolve any disputes. <br />• Assure consistency and quality of Contractor's performance. <br />• Schedule and conduct Contractor performance evaluations and document findings. <br />• Review and approve for payment all invoices for work performed or items delivered. <br />2.40 Contractor Performance Reviews and Ratings <br />The City Contract Coordinator may develop a Contractor performance evaluation report. This <br />report shall be used to periodically review and rate the Contractor's performance under the <br />contract with performance rating as follows: <br />Excellent Far exceeds requirements. <br />Good Exceeds requirements. <br />Fair Just meets requirements. <br />Poor Does not meet all requirements and contractor is subject to penalty <br />provisions under the contact. <br />Non-compliance Either continued poor performance after notice or a performance level that <br />does not meet a significant portion of the requirements. <br />This rating makes the Contractor subject to the default or cancellation for <br />cause provisions of the contract. <br />The report shall also list all discrepancies found during the review period. The Contractor shall be <br />provided with a copy of the report and may respond in writing if he takes exception to the report <br />or wishes to comment on the report. Contractor performance reviews and subsequent reports will <br />be used in determining the suitability of contract extension. <br />2.41 Substitution of Personnel <br />It is the intention of the City that the Contractor's personnel proposed for the contract will be <br />available for the contract term. In the event the Contractor wishes to substitute personnel, he shall <br />propose personnel of equal or higher qualifications and all replacement personnel are subject to <br />City approval. In the event substitute personnel are not satisfactory to the City and the matter <br />cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Contract <br />for cause. See Section 5.09 General Conditions. <br />2.42 Ownership of Work <br />The City shall have full ownership and the right to copyright, otherwise limit, reproduce, modify, <br />sell, or use all of the work or product produced under this contract without payment of any royalties <br />or fees to the Contractor above the agreed hourly rates and related costs. <br />CAM #23-0426 <br />Exhibit 1 <br />Page 17 of 43 <br />