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Discriminatory Practices Prohibited The Contractor agrees in the performance of the Work <br /> pur5uant to the terms of the Contract to abide by the terms of the Equal Employment <br /> Opportunity Clause sho��•n in Exhibit 2. <br /> (c) Western shall supen•ise, direct, and control its personnel in the manner and method of <br /> performing their work. The parties to the contract shall be escused from performance as <br /> specified whereunder during the time and to the extent they are prevented from performing <br /> actions contemplated under this Contract by reason of the acts of a deity, fire, flood, civil �var, <br /> riot, or the commandeerin� of materials, products, plants, or facilities by the Federal, State, or <br /> County government «�hen satisfactory evidence is presented to the other party provided that it is <br /> reasonably established by presentation of facts that the non-performance is not due to the fault or <br /> neglect of the party who is not performing. The Contractor's performance shall be monitored by <br /> the City. Such monitorina may include periodic observation of�vork shifts. The Contractor is <br /> encouraged to use the services of the City to facilitate solving problems associated with <br /> providing contracted services. <br /> (d) Western shall have the sole right to hire and discharge its personnel and Western agrees to <br /> pay when due all salaries and wages of its employees, and all payroll ta�es and insurance, <br /> whether local, state or federal, including contribution or ta.�es assessed against its employees. <br /> 3. Compensation- The City agrees to pay Western at the rates set forth in the Exhibit 3. There <br /> is a minimum char�e per employee of two (2) hours for any one day. The Contractor's hourly <br /> service cost should be inclusive of all Contractor costs including but not limited to overhead, <br /> supplies, fees, and one time or recurring charges. The City will pay for crossina guard services <br /> on the basis of hours or portions of hours of service actually received. The City will accept <br /> invoices for service provided from the Contractor no more frequently than once per week. Such <br /> invoices shall include only costs for hours of service actually performed during the invoice <br /> period and not previously invoiced. The City will pay invoices for service no more frequently <br /> than once per week. The City reserves the right to revie�v additional documentation to be <br /> provided upon the City's request by the Contractor prior to paying any portion of any invoice. <br /> Such documentation may include, but is not limited to payroll registers and individual time <br /> sheets. <br /> Adjustments to the Contract: The City may, at any time, by written order, require changes in the <br /> services to be performed by the Contractor. Such changes may include increases or decreases in <br /> the number of posts maintained or changes in the desired service levels at individual posts. <br /> These changes shall be made by the City on an as needed basis during the term of the Contract. <br /> If such changes cause an increase or decrease in the Contractor's cost of pzrformance of any <br /> services under this contract, an equitable adjustment shall be negotiated and the contract shall be <br /> modi�ed in writing accordingly. No services outside the scope of the Contract, for which an <br /> additional cost or fee will be charged by the Contractor, shall be furnished �vithout the prior <br /> written authorization of the City. If the City or the Contractor determines that additional <br /> operating procedures are required for successful implementation of the Contract, such <br /> procedures will be jointly developed. After award and execution of the Contract, the City may <br /> consider and approve suggested Contract revisions which the Contractor demonstrates could <br /> Page 4 of 14 <br />