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services. It is not the City's intention to hire Westaff(USA Inc) employees as part of its regular <br /> employee force or to use Westaff (USA Inc)s staff as a potential candidate pool for City <br /> employment. Westaff(iJSA Inc) employees shall be free to apply for employment with the City <br /> for any position, but will not be accorded any inappropriate or undue preferences. <br /> 8. Overtime- The overtime rate re uired b 1 w will be char ed and aid for all work erformed <br /> q Ya S P P <br /> by Westaff(LTSA Inc) employees over 40 hours per Westaff(USA Inc) week or over 8 hours in <br /> any Westaff(LJSA Inc) work day and additionally as required by law. All overtime work must be <br /> pre-approved through the local Westaff(tISA Inc) office. <br /> 9. Vehicles- The City agrees not to authorize Westaff(USA Inc)'s employees to operate any <br /> vehicle or other mechanized instrumentality without Westaff(USA Inc)'s prior written consent. <br /> The City realizes that the insurance Westaff(USA Inc) furnishes does not cover physical damage <br /> to its vehicle whether owned or rented while being operated by Westaff(L7SA Inc)'s employees, <br /> nor for bodily injury or property damages iricluding cargo, fire, theft, or collision claims resulting <br /> therefrom. The City agrees to provide all such needed insurance at its cost. <br /> 10. Loss- Contractor will make a good faith effort to recover City owned materials lost in the <br /> performance of this contract, including stop paddles and safety vests. Such a good faith effort <br /> should include letters, telephone calls, and the withholding of compensation, if possible. If the <br /> contractor is unable to recover materials with reasonable efforts and after a reasonable time <br /> period, the materials shall be considered a loss. <br /> The City agrees to be financially responsible for the loss of up to six(6) items, including signs and <br /> vests, per year. Losses for more than six(6) items will be covered by the Contractor. <br /> 11. Supervision and Control- Westaff (USA Inc) will supervise, direct and control it's <br /> employees. The City will assume responsibility for all design defects and products liability. The <br /> City will not authorize Westaff(USA Inc)'s employees to approve plans, specifications, designs, <br /> maps, or render any opinions without Westaff (USA Inc)'s prior written consent. The City <br /> acknowledges that the insurance Westaff(USA Inc) furnishes does not cover design defects and <br /> products liability, and the City agree to provide all such needed insurance at its cost. <br /> 12. Security of Cash and Other Valuables- The City agrees not to leave its premises, or any cash, <br /> negotiable instruments, or other valuable items thereon unattended in the presence of any of <br /> Westaff(USA Inc)'s employees or entrust same to the care, custody and control of any of Westaff <br /> (USA Inc)'s employees without Westaff (LTSA Inc)'s prior written consent. The City further <br /> agrees not to advance any moneys to Westaff (USA Inc)'s employees without Westaff (USA <br /> Inc)'s prior written consent. Westaff(LJSA Inc) will not be responsible for claims made under any <br /> fidelity bond unless the City reports such claims to Westaff(USA Inc) in writing within ten (10) <br /> days of discovery, file a police compla'tnt, and cooperate in the investigation and subsequent ! <br /> prosecution. ' <br /> 13. Should Westaff (LJSA Inc) retain counsel to collect any moneys due or to become due I <br /> hereunder, the prevailing party in such litigation shall be entitled to reasonable attorney's fees and <br /> Page 8 of 14 <br />