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09.01 - Consider Agreement for Water/Wastewater Operation Services
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10-04-2011 Council Meeting
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09.01 - Consider Agreement for Water/Wastewater Operation Services
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Said sum shall be payable on a monthly basis, payments due <br />within thirty (30) days of the CONTRACTOR submitting an <br />invoice. <br />7.2 CITY shall compensate CONTRACTOR at a rate of $35.00 per <br />hour for additional services provided by CONTRACTORS <br />employees. <br />7.3 The contract price may be adjusted annually (January) by the <br />CPI -U Index. Using the CPI change from January to January in <br />the most current 12 -month period. <br />S. MISCELLANEOUS <br />8.1. Definition. Whenever used, the term "CITY" shall include the <br />Mayor and respective CITY Council of the CITY. <br />8.2 Pre - approved Expenditure Limit: The CONTRACTOR may <br />expend up to $1000.00 per occurrence with prior Public works <br />supervisor authorization. <br />8.3 <br />Sub - contractors. The CONTRACTOR shall not subcontract any of <br />the services, which CONTRACTOR is to provide without the <br />express written approval of CITY. <br />8.4. <br />Independent Contractor. The CONTRACTOR is expressly <br />forbidden to act for CITY in any other capacity, or to represent <br />itself in any manner as an agent of CITY, except under the <br />terms hereof. During the term of this Agreement the <br />CONTRACTOR, and the CONTRACTOR's employee(s), if any, <br />shall be considered and act as an independent CONTRACTOR <br />and shall not be considered as employee(s) of CITY. The <br />CONTRACTOR shall furnish all labor required to perform the <br />services and will have full control and direction over the method <br />and manner of performing those services. <br />8.5 <br />Entire Agreement. This Agreement sets forth the entire <br />agreement and understanding between the CONTRACTOR and <br />CITY regarding the subject matter hereof and supersedes any <br />prior representations, statements, proposals, negotiations, <br />discussions, under - standings, or agreements regarding the <br />same subject matter. This Agreement may not be modified or <br />amended except by a writing signed by the party against whom <br />the modification or amendment is sought to be enforced. <br />8.6 <br />Severability. Every provision of this Agreement shall be <br />construed, to the extent possible, so as to be valid and <br />enforceable. If any provision of this Agreement so construed is <br />held by a court of competent jurisdiction to be invalid, illegal, or <br />
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