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suggested Contract revisions which the Contractor demonstrates could result in a cost savings to <br /> the City. Such changes will be issued as Contract amendments. The Contractor may petition the <br /> City for an adjustment to the hourly service rate at reasonable times on the basis of unusual <br /> changes to the Contractor's cost of doing business. For purposes of this section, Unusual Costs <br /> shall mean items not covered by the Contract, which occur through no fault of the Contractor; the <br /> term shall not include price increases arising in the ordinary course of business or as the results of <br /> strikes, work slowdowns or other job actions by the Contractor's employees or by employees of <br /> one or more of the Contractor's subcontractors. The amount of any adjustment pursuant to this <br /> paragraph shall be determined by mutual agreement and shall be conditional on approval of a <br /> supplemental appropriation by the City Council. <br /> Annual Meeting: A meeting between the City and the Contractor will be held no less than forty <br /> five (45) days prior to the end of each contract year or renewal. During this annual meeting the <br /> Contractor's performance will be reviewed. The City will present an evaluation report that <br /> includes the City's assessment of the Contractor's performance and any other relevant issues. Any <br /> mutually agreed upon modifications to the Contract resulting from the annual meeting shall be <br /> documented by means of a written amendment. Any escalation of the contract amount for the <br /> first and second renewal years of the contract shall be mutually agreed upon by the City and the <br /> Contractor. <br /> Monthly Report: The Contractor shall prepare and deliver to the City by noon of the fifth <br /> working day of each month, a report summarizing the previous month's activity. This report shall <br /> include, as a minimum, the total number of persons crossed for the month and the number of <br /> persons crossed per shift by post for the month, and shall include any incidents or situations the <br /> Contractor feels should be brought to the City's attention. The Contractor shall provide the City <br /> with a written report containing a summary of activity for each contract year in the same format <br /> as the Monthly Report. <br /> 4. Liability- Westaff(USA Inc) agrees to hold the City and its employees harmless from and <br /> against any an a11 claims, liability, and expense arising out of Westaff (LJSA Inc)'s legal <br /> responsibility under the law for worker's compensation, social security, unemployment <br /> compensation and payroll withholdings. Westaff(USA Inc) also agrees to comply with all federal <br /> and state labor laws, regulations and orders, including such as relate to the payment of minimum <br /> wages and overtime, and non-discrimination in employment. If the City allows any of Westaff <br /> (USA Inc)'s employees to drive its vehicles, whether owned or rented, the City accepts full <br /> responsibility for its vehicles, including cargo, and any other claims which may axise from any <br /> accident, except for worker's compensation. The City will provide all necessary insurance on its <br /> vehicles which shall be primary in the event of any claim arising when a Westaff (USA Inc) <br /> employee is operating a City vehicle whether owned or rented. <br /> 5. Insurance- Westaff (USA Inc) agrees to maintain worker's compensation insurance as <br /> prescribed by law which shall inure to the benefit of all Westaff(USA Inc)'s personnel provided <br /> hereunder and comprehensive general' liability. The Contractor shall at all times indemnify and <br /> hold harmless the City from and against all claims and demands, loss, costs, damages, actions, <br /> suits or other proceedings, by whomsoever made, brought or prosecuted in any manner based <br /> Page 5 of 14 <br />