R97-79 AUTHORIZING EXECUTION OF AGREEMENT

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cancellation. Failure of the Contractor to deliver a new and valid cectificate may result in suspension of all payments until the new certificate is furnished. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all subcontractors of their liabilities under the provisions of the Contract. Contractual and other liability insurance provided under the Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising and/or inspecting the services provided. The Contractor shall assume all on-the job responsibilities as to the control of persons directly employed by it and by any of its subcontractors. Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of person directly employed by it. Caution shall be exercised at all times for-the protection of persons (including employees)and property. The Contractor and all subcontractors aze to comply with the Occupational Safety and Health Act of 1970, Public Law 91-�96, as it may apply to the Contract, and to other Federal, State or local job safety and health standards. The City, its officers and employees shall be named as an "additional insured" in the General Liability policies and it shall be stated on the Insurance Certificate that this coverage "is primary to all other coverage the City may possess." If an "ACORD" Insurance Certificate form is used by the Contractor's insurance agent, the words, "endeavor to" and "...but failure to mail such nodce shall impose no obligation or liability of any kind upon the company" in the "Cancellation" paragraph of the form shall be deleted or crossed out. Western also agrees to furnish the City with a certificate(s) of insurance. 6. Safety- To the e.ctent possible, the City agrees to provide a safe and suitable place for Western's employees to perform their services, which place shall comply with all applicable statutes and ordinances relating to health and safety, and shall be similar to the places of work provided for the City's own employees performing similaz or related work. The nature of the work performed by crossing guards is inherently dangerous and involves working conditions over which neither the City or the Contractor may have complete control. The work takes place outdoors and may involve ordinary hazards associated with travel and work in inclement weather. The City represents that it is in compliance with OSHA hazardous communications � . standards as well as right to know laws. The City agrees�to notify Western immediately of the presence of any hazards or hazardous chemicals of which the City is aware in or neaz azeas where Western employees are working or may be assigned to work. If a Westem employee is injured . during the assignment, the City shall notify the local Western office as soon as it becomes awaze of any such situation. 7. Settlement Payment- The City recognizes that Western has expenses in maintaining a staff (advertising, recruiting, testing, checking of licenses, references and health status, if applicable, etc.) and that if the City transfers one of Westem's employees to its payroll to perform work similar to that completed under the contract, a settlement payment is in order, except in cases where the contract has been terminated, has expired, or as provided herein, and Westem employees are subsequently hired by the City to provide crossing guard services. It is not the Page 7 of 14