R97-79 AUTHORIZING EXECUTION OF AGREEMENT

Home Browse Search

' . ' r _ operating procedures are required for successful implementation of the Contract, such procedures �vill be jointly developed. After awazd and execution of the Contract, the City may consider and approve suggested Contract revisions which the Contractor demonstrates could result in a cost savings to the City. Such changes will be issued as Contract amendments. The Contractor may petition the City for an adjustment to the hourly service rate at reasonable times on the basis of unusual changes to the Contractor's cost of doing business. For purposes of this section, Unusual Costs shall mean items not covered by the Contract, which occur through no fault of the Contractor; the term shall not include price increases arising in the ordinary course of business or as the results of strikes, work slowdowns or other job actions by the Contractor's employees or by employees of one or more of the Contractor's subcontractors. The amount of any adjustment pursuant to this paragraph shall be determined by mutual agreement and shall be conditional on approval of a supplemental appropriation by the City Council. A.nnual Meeting: A meeting between the City and the Contractor will be held no less than forty five (45) days prior to the end of each contract yeaz or renewal. During this annual meeting the � Contractor's performance will be reviewed. The City will present an evaluation report that includes the City's assessment of the Contractor's performance and any other relevant issues. Any mutually agreed upon modifications to the Contract resulting from the annual meeting shall be documented by means of a written amendment. Any escalation of the contract amount for the first and second renewal years of the contract shall be mutually agreed upon by the City and the Contractor. Monthly Report: The Contractor shall prepare and deliver to the City by noon of the fifth working day of each month, a report summarizing the previous month's activity. This report shall include, as a minimum, the total number of persons crossed for the month and the number of persons crossed per shift by post for the month, and sha11 include any incidents or situations the Contractor feels should be brought to the City's attention. The Contractor shall provide the City with a written report containing a summary of activity for each contract year in the same format as the Monthly Report. 4. Liability- Westem agrees to hold the City and its employees harmless from and against any an all claims, liability, and expense arising out of Western's legal responsibility under the law for worker's compensation, social security, unemployment compensation and payroll withholdings. Western also agrees to comply with all federal and state labor laws, regulations and orders, including such as relate to the payment of minimum wages and overtime, and non-discrimination in employment. If the City allows any of Westerns employees to drive its vehicles, whether . owned or rented, the City accepts full responsibility for its vehicles, including cargo; and any other claims which may arise &om any accident, except for worker's compensation. The City will provide all necessary insurance on its vehicles which shall be primary in the event of any claim arising when a Western employee is operating a City vehicle whether owned or rented. 5. Insurance- Western agrees to maintain worker's compensation insurance as prescribed by law which shall insure to the benefit of all Western's personnel provided hereunder and comprehensive general liability. The Contractor shall at all times indemnify and hold harmless the City from and against all claims and demands, loss, costs, damages, actions, suits or other Page 5 of 14