R96-166 AUTHORIZING EXECUTION OF AGREEMENT

Home Browse Search

il permit the City to use such of its o��m equipment to perform the function as necessary or use of Contractor's equipment to perform the function as necessary for a period not to exceed sixty (60) days. The City's right to use Contractor o�vned or leased equipment will cease in the event of Contract termination pursuant to the terms and conditions herein. During this period, Contractor o�vned or leased equipment used by the City shall be the responsibility of the City. The City shall be entitled to an equitable adjustment for any services performed by City personnel pursuant to this paragraph, if such services �vould normally have been required of the Contractor in the performance of the Contract. Nothing in this section shall be deemed to waive or limit �' any rights of the City or the Contractor granted herein. Bankru tc : In the event that the Contractor ceases conductinQ business in the normal course P Y c , becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any � proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, then, at the option of the City this contract may be rescinded and may be of no further force and effect; and any property or rights of the City, tangible or intangible, will be forthwith returned to it. 2. Personnel- � (a) The Contractor shall provide crossing guard services at the 16 locations (posts) shown in Exhibit 1 as attached. The City agrees not to place any of Western's employees in a job description which differs from his or her original assignment without prior norice to, and consent of, Western. Service will be provided according to the anticipated schedules sho«n in Exhibit 1. Service is typically provided for an hour in the morning and an hour in the afternoon. The City ' reserves the right to adjust the overall and individual post schedules and to adjust the overall , amount of anticipated service and the service required at each post. The City �vill endeavor to '�i provide adequate notice to Western of any anticipated schedule changes and pledaes good faith I efforts in working with Western to accomplish any desired schedule changes. The City expects to need to provide 3,675 hours of service far the second semester of the 1996-1997 school year. The City expects to need to provide approximately 6,500 hours of service per school year�based on 186 days of instruction. Nature of Service: Crossing guards shall be responsible for stopping vehicular traffic at their assigned posts in order to allow children and other persons to cross streets and intersections safely. To stop traf�c, crossing guards shall display an approved hand held stop paddle in such a fashion that the paddle and the crossing guard are clearly visible to motorists. Crossing guards shall maintain a clear and controlling presence in the middle of a road«�ay or intersection � sto�ping traffic from all directions until all persons have completed crossing safely, unless they need to assist or escort a child or person crossing a roadway or intersection. At all times a crossing guard shall use his best judgment with regard to controlling and directing children or persons desiring to cross at an assigned post and with regard to when to initiate a stoppage of traffic. The crossing guard must at all time use his best judgment on how best to safely complete any aspect of his work. All crossing guard personnel shall be dressed in a manner so as to be clearly visible to all and to be known by sight as the responsible crossing guard at any given location. Crossing guards currently employed by the City wear reflective orange safety vests. Page 2 of 14