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i � � - <br /> by the Contractor in the sole judgment of the City. If the City performs Contract services with <br /> City personnel because of the Contractor's failure or inability to perform, the Contractor shall <br /> permit 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 e:cceed sixty (60) <br /> days. The Ciry's right to use Contractor owned or leased equipment will cease in the event of <br /> Contract termination pursuant to the terms and conditions herein. During this period, Contractor <br /> ow-ned or leased equipment used by the City shall be the responsibility of the City. The City <br /> shall be entitled to an equitable adjustment for any services performed by Ciry personnel <br /> pursuant to this pazagraph, if such services would normally have been required of the Contractor <br /> in the performance of the Contract. Nothing in this section shall be deemed to waive or limit any <br /> rights 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 pernuts 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 be rescinded and may be of no further force and effect; and any property or rights of the City, 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 shall provide crossing guard services at the 16 locations (posts) shown in <br /> E.Yhibit 1 as attached. The City agrees not to place any of Western's employees in a job <br /> description which differs from his or her original assignment without prior notice to, and consent <br /> of, Western. Service will be provided according to the anticipated schedules shown in Exhibit 1. <br /> Service is typically provided for an hour in the morning and an hour in the afternoon. The City <br /> reserves the right to adjust the overall and individual post schedules and to adjust the overall <br /> amount of anticipated service and the service required at each post. The City will endeavor to <br /> provide adequate notice to Western of any anticipated schedule changes and pledges good faith <br /> efforts in working with Westem to accomplish any desired schedule changes. The City expects <br /> to need to provide approximately 6,500 hours of service per school year based on 186 days,of <br /> instruction. <br /> Nature of Service: Crossing guards shall be responsible for stopping vehicular traffic at their <br /> assigned posts in order to allow children and other persons to cross streets and intersections . <br /> safely. To stop tr�c, crossing guards shall display an approved hand held stop paddle in such a <br /> fashion that the paddle and the crossing guard aze cleazly visible to motorists. Crossing guards <br /> shall maintain a clear and controlling presence in the middle of a roadway or intersection <br /> stopping traffic from all directions until all persons have completed crossing safely, unless they <br /> need to assist or escort a child or person crossing a roadway or intersection. At all times a <br /> crossing guard shall use his best judgment with regard to controlling and directing children or <br /> persons desiring to cross at an assigned post and with regard to when to initiate a stoppage of <br /> traffic. The crossing guazd must at all time use his best judgment on how best to safely complete <br /> any aspect of his work. All crossing guard personnel shall be dressed in a manner so as to be <br /> Page 2 of 14 <br />