Agmt16 ABM Onsite Services - West, Inc. DBA ABM Parking Services

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2. Contractor shall assign only reasonably competent personnel to perform services pursuant to this Agreement. City reserves the right to object to any individual employee of Contractor staffing the Parking Facilities. If City does object to any individual employee staffing the Parking Facilities, Contractor will immediately stop using such employee to staff the Parking Facilities. 3 . The Contractor will conduct a criminal background check on every employee working at the Parking Facilities, and , at the Parking Manager's request, shall provide evidence to the City that such background checks have been performed . B. Compliance with Wage and Hour Provision, and Labor Standards Contractor shall comply with all applicable federal , state and local laws and regulations governing minimum hourly rates, maximum hours, nondiscrimination, payroll records, apprentices, workers' compensation , prevailing wages and other labor standards, including but not limited to those set forth in the Fair Labor Standards Act and the California Labor Code, to the extent applicable. C. Personnel 1 . For the performance of the duties required under this Agreement, Contractor shall employ at least one person at the management level whose full-time responsibilities will include management and control of operations and custodial maintenance including but not limited to, the supervision, employment, and training of all personnel of the Parking Facilities. The Contractor's manager shall maintain direct contact with City representatives on a continuing basis. 2. Contractor shall employ other staff as necessary to operate the Parking Facilities, provided, however, that City shall not pay for staffing in excess of the maximum staffing amounts set forth in the annual budget Exhibit B. SECTION 10. COMPENSATION AND REIMBURSABLE EXPENSES A. Compensation . During the initial term of the Contract, City shall pay to Contractor an amount not to exceed Two Million, One Hundred Forty Five Thousand , Nine Hundred Fifteen Dollars ($2 , 145,915) for the completion of all the work and services described herein , which sum shall include all costs or expenses incurred by Contractor, including all Operating Expenses (as defined below) and including 10% budget increase that the City Manager is authorized to increase at their sole discretion . Such amount shall be the sum of any Consultant Fees (as defined below) and Operating Expenses owed to Contractor during the Initial Term. During any Option Term, City shall pay to Contractor an amount not to exceed the total amount of the Consultant Fees and Operating Expenses shown on the operating budget approved for that year. The total amount City shall pay to Contractor under the term, including any Option Terms, of this Contract is an amount not ATTY/2016.304/ABM ONSITE SERVICES — WEST, INC. REV: 10-26-16 JS Page 15 of 38