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Discriminatory Practices Prohibited: The Contractor agrees in the performance of the Work <br /> pursuant to the terms of the Contract to abide by the terms of the Equal Employment Opportunity <br /> Clause shown in Exhibit 2. <br /> (c) Westaff(USA Inc) sha11 supervise, direct, and control its personnel in the manner and method <br /> of performing their work. The parties to the contract shall be excused from performance as <br /> specified whereunder during the time and to the extent they are prevented from performing <br /> actions contemplated under this Contract by reason of the acts of a deity, fire, flood, civil war, <br /> riot, or the commandeering of materials, products, plants, or facilities by the Federal, State, or <br /> County government when satisfactory evidence is presented to the other party provided that it is <br /> reasonably established by presentation of facts that the non-performance is not due to the fault or <br /> neglect of the party who is not performing. The Contractor's performance shall be monitored by <br /> the City. Such monitoring may include periodic observation of work shifts. The Contractor is <br /> encouraged to use the services of the City to facilitate solving problems associated with providing <br /> contracted services. <br /> (d) Westaff(USA Inc) shall have the sole right to hire and discharge its personnel and Westaff <br /> (USA Inc) agrees to pay when due all salaries and wages of its employees, and all payroll taxes <br /> and insurance, whether local, state or federal, including contribution or taxes assessed against its <br /> employees. <br /> 3. Compensation- The City agrees to pay Westaff(USA Inc) at the rates set forth in the Exhibit <br /> 3. There is a minimum charge per employee of two (2) hours for any one day. The Contractor's <br /> hourly service cost should be inclusive of all Contractor costs including but not limited to <br /> overhead, supplies, fees, and one time or recurring charges. The City will pay for crossing guard <br /> services on the basis of hours or portions of hours of service actually received. The City will <br /> accept invoices for service provided from the Contractor no more frequently than once per week. ' <br /> Such invoices shall include only costs for hours of service actually performed during the invoice <br /> period and not previously invoiced. The City will pay invoices for service no more frequently <br /> than once per week. The City reserves the right to review additional documentation to be <br /> provided upon the City's request by the Contractor prior to paying any portion of any invoice. , <br /> Such documentation may include, but is not limited to payroll registers and individual time sheets. ' <br /> Adjustments to the Contract: The City may, at any time, by written order, require changes in the <br /> services to be performed by the Contractor. Such changes may include increases br decreases in <br /> the number of posts maintained or changes in the desired service levels at individual posts. These <br /> changes shall be made by the City on an as needed basis during the term of the Contract. If such I <br /> changes cause an increase or decrease in the Contractor's cost of performance of any services <br /> under this contract, an equitable adjustment shall be negotiated and the contract sha11 be modified <br /> in writing accordingly. No services outside the scope of the Contract, for which an additional <br /> cost or fee will be charged by the Contractor, shall be furnished without the prior .written <br /> authorization of the City. If the City or the Contractor determines that additional operating <br /> procedures are required for successful implementation of the Contract, such procedures will be <br /> jointly developed. After award and execution of the Contract, the City may consider and approve <br /> Page 4 of 14 <br />