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personnel because of the Contractor's failure or inability to perform, the Contractor shall permit <br /> the City to use such of its own equipment to perform the function as necessary or use of <br /> Contractor's equipment to perform the function as necessary for a period not to exceed sixty (60) <br /> days. The City's right to use Contractor owned or leased equipment will cease in the event of I <br /> Contract termination pursuant to the terms and conditions herein. During this period, Contractor ' <br /> owned or leased equipment used by the City shall be the responsibility of the City. The City shall <br /> be entitled to an equitable adjustment for any services performed by City personnel pursuant to <br /> this paragraph, if such services would normally have been required of the Contractor in the <br /> performance of the Contract. Nothing in this section shall be deemed to waive or limit any rights <br /> of the City or the Contractor granted herein. <br /> Bankruptcy: In the event that the Contractor ceases conducting business in the normal course, <br /> becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the <br /> appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any <br /> proceeding under the Federal Bankruptcy Act or any other statute of any state relating to <br /> insolvency or the protection of rights of creditors, then, at the option of the City this contract may <br /> be rescinded and may be of no further force and effect; and any property or rights of the City, <br /> tangible or intangible, will be forthwith returned to it. <br /> 2. Personnel- <br /> (a) The Contractor sha11 provide crossing guard services at the 16 locations (posts) shown in <br /> Exhibit 1 as attached. The City agrees not to place any of Westaff(LJSA Inc)'s employees in a <br /> job description which differs from his or her original assignment without prior notice to, and <br /> consent of, Westaff(LJSA Inc). Service will be provided according to the anticipated schedules <br /> shown in Exhibit l. Service is typically provided for an hour in the morning and an hour in the <br /> afternoon. The City reserves the right to adjust the overall and individual post schedules and to <br /> adjust the overall amount of anticipated service and the service required at each post. The City <br /> will endeavor to provide adequate notice to Westaff (USA Inc) of any anticipated schedule <br /> changes and pledges good faith efforts in working with Westaff (USA Inc) to accomplish any <br /> desired schedule changes. The City expects to need to provide approximately 6,500 hours of <br /> service per school year based on 186 days of instruction. <br /> Nature of Service: Crossing guards shall be responsible for stopping vehicular traffic at their <br /> assigned posts in order to a11ow children and other persons to cross streets and intersections <br /> safely. To stop traffic, crossing guards shall display an approved hand held stop paddle in such a <br /> fashion that the paddle and the crossing guard are clearly visible to motorists. Crossing guards <br /> shall maintain a clear and controlling presence in the middle of a roadway or intersection stopping <br /> traf�ic from a11 directions until all persons have completed crossing safely, unless they need to <br /> assist or escort a child or person crossing a roadway or intersection. At all times a crossing guard <br /> shall use his best judgment with regard to controlling and directing children or persons desiring to <br /> cross at an assigned post and with regard to when to initiate a stoppage of traffic. The crossing <br /> guard must at all time use his best judgment on how best to safely complete a.ny aspect of his <br /> work. All crossing guard personnel shall be dressed in a manner so as to be clearly visible to all <br /> and to be known by sight as the responsible crossing guard at any given location. The City will <br /> Page 2 of 14 <br />