R96-166 AUTHORIZING EXECUTION OF AGREEMENT

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. � result in a cost savings to the City. Such chan�es 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 chan�es 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, �vork slowdowns or other job actions b�� 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. � Annual Meeting: A meetina between the City and the Contractor �vill be held no less than forty five (4�) days prior to the end of each contract year 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 modi�cations 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 �rst 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 acti�-ity. 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 shall include any incidents or situations the Contractor feels should bz brought to the City's attention. The Contractor shall provide the City with a written report containing a summary of activity far each contract year in the same format as the Monthly Report. 4. Liability- Western agrees to hold the City and its employees harmless from and against any an all claims, liability, and e�pense arising out of Western's legal responsibility under the law for worker's compensation, social security, unemployment compensation and pay-roll 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 from 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 o«ned or rented. 5. Insurance- Western agrees to maintain worker's compensation insurance as prescribed by law I which shall insure to the benefit of all Western's personnel provided hereunder and comprehensive general liability. The Contractor shall at all rimes indemnify and hold harmless ', the City from and against all claims and demands, loss, costs, damages, actions, suits or other I proceedings, by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to the execution of this Contract or services performed under this I Contract except claims far damage resulting form, the negligence of any officer or employee of � the City while acting within the scope of his duties or employment. Page 5 of 14