R97-79 AUTHORIZING EXECUTION OF AGREEMENT

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' � ' � - clearlv visible to all and to be known by sight as the responsible crossing guard at any given location. The City will provide reflective orange safety vests to Contractor's employees. Training of Contractor employees will be primarily the responsibility of the Contractor. The Cin� may provide some level of training assistance if resources are available. All Crossing guard personnel shall assist law enforcement authorities in the identification process of violators and alleged violators of traffic laws and regulations. (b) The City may direct Western to replace any of its personnel assigned to the City, in which event Western will endeavor to promptly replace that person with another. If the Ciry notifies Westem within the first one (1) hour of assignment that any of its personnel aze unsatisfactory, Western will not chazge the City for those initial hours. All persons employed by the Contractor under this Contract shall be competent and well qualified for their work. Personnel shall have a general knowledge of the traffic regulations effective in the City. The Contractor shall have the responsibility for selecting personnel to perform the services specified in this contract. The Contractor is encouraged to consider displaced City employees for any employment ` opportunities and to employ City of Decatur residents. " Character and Drug Free Workplace: Each crossing guard employed by the Contractor to provide service under this Contract shall be of good moral character. The City of Decatur will assist the Contractor in this regard by providing criminal history checks and background checks of�uazd personnel. The City reserves the right to refuse to allow guard services to be provided under this Contract by Contractor employees who in the Contract Adminis�ator's sole determination are of questionable character. Such refusal will not relieve Contractor of any service provision obligation. The Contractor shall make every reasonable effort to maintain a drug free work place and discourage illicit drug use by Contractor employees providing services under this contract. The Contractor shall have the sole responsibility for determining and providing benefits for Contractor employees. The Contractor's employees shall not be eligible for City benefits except in the case of former City employees who may elect to continue City health insurance under the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA). The Contractor shall abide by the Immigration and Naturalization Reform and Control Act and all Federal, State and Local Regulations. It is the Contractar's responsibility to maintain satisfactory employee-management relations with its employees. Representatives of the City will not participate in employee relations matters involving the Contractor and its employees. �It is understood that the Contractor or the Contractor's employees shall not be considered agents of � the City of Decatur and as such that the Contractor shall be responsible for any loss, damage, personal injury and/or death that may be suffered as a result of negligence or failure to perform the obligations of this Contract. The Contractor shall submit to the City a roster of all empIoyees performing services covered under the contract. The roster shall include full name, address, and social security number of each employee and shall be kept current by the Contractor. The Contractor will be responsible for furnishing to its employees such identification as may be directed and approved by the City and for requiring each employee engaged in the work to display any such identification as may be required. If photo identification is needed, the City will provide photo identification at its expense. All such identification will be collected and canceled by the Contractor upon ternunation of any employee. The Contractor and Page 3 of 14